MICHAEL VANDER WYDEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2007-06-13
No. 3D06-1374
Before COPE, C.J., and LAGOA, J., and SCHWARTZ, Senior Judge.
958 So. 2d 540 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 3 cases
Topics
Youthful Offender Act Sentencing Youthful Offender Sentencing Downward Departure Sentence Sentencing

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Opinion of the Court
SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

After appellant pled to several serious charges, he was given a bottom-of-the-guidelines sentence of two years in state prison followed by ten years probation. He now challenges the sentence claiming that the trial court should have entered a downward departure and that it incorrectly failed to consider sentencing treatment under the Youthful Offender Act. We lack even the authority to consider the trial court’s failure to downward depart. See Jorquera v. State, 868 So. 2d 1250, 1252-53 (Fla. 4th DCA 2004); Winther v. State, 812 So. 2d 527 (Fla. 4th DCA 2002); Patterson v. State, 796 So. 2d 572, 573-74 (Fla. 2d DCA 2001), review denied, 817 So. 2d 849 (Fla.2002). In any event, on the merits, neither an abuse of the trial court’s discretionary decision not to downward depart nor a failure to consider the Youthful Offender Act as an available sentencing option, as was the case in Blackmon v. State, 616 So. 2d 587 (Fla. 1st DCA 1993), has been demonstrated. The sentence under review is therefore affirmed.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Stancliff v. State, 996 So. 2d 259 (Fla. 1st DCA 2008)
    …(Fla. 2d DCA 2007) (“[A] decision not to depart is generally not reviewable on appeal as it is discretionary with the trial court, provided only that the statutory maximum is not exceeded.”), rev. granted, 952 So. 2d 1189 (Fla.2007); Wyden v. State, 958 So. 2d 540 (Fla. 3d DCA 2007) (“We lack even the authority to consider the trial court’s failure to downward depart.”). AFFIRMED. KAHN and PADOVANO, JJ., concur.…
  • Patrizi v. State, 31 So. 3d 229 (Fla. 1st DCA 2010)
    …hat the statutory scheme does not give the appellate courts the authority to review a trial court’s decision to deny a request for a downward departure sentence.” Stancliff v. State, 996 So. 2d 259, 260 (Fla. 1st DCA 2008); see also, Wyden v. State, 958 So. 2d 540 (Fla. 3d DCA 2007); Jorquera v. State, 868 So. 2d 1250 (Fla. 4th DCA 2004); Patterson v. State, 796 So. 2d 572 (Fla. 2d DCA 2001); Melton v. State, 678 So. 2d 434, 435 (Fla. 1st DCA 1996). The state candidly disclosed to this court the opinions in…
  • Lopez v. State, 12 So. 3d 891 (Fla. 2d DCA 2009)
    …PER CURIAM. Affirmed. See Patterson v. State, 796 So. 2d 572, 574 (Fla. 2d DCA 2001); Stancliff v. State, 996 So. 2d 259, 260 (Fla. 1st DCA 2008); Wyden v. State, 958 So. 2d 540, 540 (Fla. 3d DCA 2007); Winther v. State, 812 So. 2d 527, 528 (Fla. 4th DCA 2002). CASANUEVA, DAVIS, and SILBERMAN, JJ„ Concur.…

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