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Dimonda v. State

23 So. 3d 1254, 2009 Fla. App. LEXIS 20019, 2009 WL 4927862
District Court of Appeal of Florida·Decided December 23, 2009·No. No. 4D08-164·Published

Opinion

PER CURIAM.

Nicholas Dimonda appeals the twenty-five year sentence imposed following the revocation of his probation, claiming the trial court misconceived the law in declining to impose a downward departure sentence. The trial judge’s comments during the sentence hearing showed that he was aware of his authority to depart but simply exercised his discretion in declining to do so. Accordingly, we dismiss the appeal as we are without jurisdiction to consider a challenge that the trial court abused its discretion in declining to enter a downward departure sentence. Hochhauser v. State, 785 So.2d 1239 (Fla. 4th DCA 2001); [1255]*1255see also Marshall v. State, 978 So.2d 279 (Fla. 4th DCA 2008).

Dismissed.

WARNER, FARMER and LEVINE, JJ., concur.

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Dimonda v. State, 23 So. 3d 1254, 2009 Fla. App. LEXIS 20019, 2009 WL 4927862 (Fla. Ct. App. 2009).

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Related

Marshall v. State
978 So. 2d 279 (District Court of Appeal of Florida, 2008)
Hochhauser v. State
785 So. 2d 1239 (District Court of Appeal of Florida, 2001)