JAGADA CHAMBERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2003-02-17
No. 1D01-2710
BOOTH, WEBSTER and LEWIS, JJ., concur.
840 So. 2d 335 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant challenges the trial court’s finding that no valid legal reason exists to support a downward departure. Pursuant to section 924.06(1), Florida Statutes (1999), a defendant may only appeal an illegal sentence or a sentence which exceeds the statutory maximum. Appellant’s sentence is neither illegal nor in excess of the statutory maximum and, therefore, is not appealable. Accordingly, we are compelled to dismiss this appeal.

DISMISSED.

BOOTH, WEBSTER and LEWIS, JJ., concur.


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  • Botterbusch v. Botterbusch, 851 So. 2d 903 (Fla. 4th DCA 2003)
    …of the parties since the entry of the custody and visitation order; and (2) that the welfare of the child will be promoted by a change in custody and visitation.’ ” Chapman v. Prevatt, 845 So. 2d 976, 981 (Fla. 4th DCA 2003) (quoting Knipe v. Knipe, 840 So. 2d 335, 339-40 (Fla. 4th DCA 2003)). A primary residential parent’s decision to relocate, “in the absence of other compelling circumstances, does not in and of itself support a change of custody.” Id. AFFIRMED. FARMER, C.J., SHAHOOD and GROSS, JJ., concu…
  • Segarra v. Segarra, 947 So. 2d 543 (Fla. 3d DCA 2006)
    …rns apply to modification of any aspect of the final judgment. Wade, 903 So. 2d at 934 (“The substantial change test articulated herein applies to the modification of a divorce decree providing for the custody and care of a child.”); Knipe v. Knipe, 840 So. 2d 335, 339-40 (Fla. 4th DCA 2003) (citations omitted)(applying the substantial change test to petitions seeking modification of visitation). The existence of a substantial change must be alleged on the face of the petition. Bartolotta v. Bartolotta, 687…
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