Storm Royal Thayer v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: September 25, 2024
• Docket: 1D2023-0342
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2023-0342 _____________________________

STORM ROYAL THAYER,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Walton County. Kelvin C. Wells, Judge.

September 25, 2024

PER CURIAM.

Storm Royal Thayer appeals his life sentence for second- degree murder, raising two issues. As to his challenge to the sentencing court’s refusal to impose a departure sentence, we dismiss this portion of his appeal for lack of jurisdiction. See Wilson v. State, 306 So. 3d 1267, 1273 (Fla. 1st DCA 2020) (holding that appellate review of the trial court’s denial of a downward departure sentence is only appropriate when the trial court “misapprehends its discretion to depart or refuses to exercise that discretion as a matter of policy”), rev. granted, No. SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021), and Parrish v. State, 349 So. 3d 485 (Fla. 1st DCA 2022), rev. granted, No. SC-2022-1457, 2023 WL 5223320 (Fla. Aug. 15, 2023). We otherwise affirm without further comment. DISMISSED in part; AFFIRMED in part.

LEWIS, ROBERTS, and RAY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Jessica J. Yeary, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Damaris Esperanza Reynolds, Assistant Attorney General, Tallahassee, for Appellee.