JORGE ALBERTO RUBIO v. State

District Court of Appeal of Florida

JORGE ALBERTO RUBIO v. State

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 2021

Docket20-0534

StatusPublished

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JORGE ALBERTO RUBIO v. State, (Fla. Ct. App. 2021).

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Opinion

Third District Court of Appeal State of Florida

Opinion filed April 28, 2021. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D20-534 Lower Tribunal No. 18-21-BP ________________

Jorge Alberto Rubio, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Monroe County, Luis Garcia, Judge.

Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third Region, and Kristen Kawass, Assistant Regional Counsel, for appellant.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before LOGUE, GORDO, and LOBREE, JJ.

PER CURIAM. We affirm based upon this Court’s precedent in Wyden v. State, 958

So. 2d 540, 540 (Fla. 3d DCA 2007) (holding “[w]e lack even the authority to

consider the trial court’s failure to downward depart”). In so affirming,

however, we acknowledge that the Supreme Court recently accepted conflict

jurisdiction to resolve a dispute between the district courts on this point.

Wilson v. State, No. SC20-1870 (Fla. Mar. 26, 2021).

Affirmed.

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