VICKI CAVINESS
v.
STATE OF FLORIDA
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A trial court does not err in denying a defendant's request for a downward departure sentence when the record supports the trial court's exercise of discretion.
[1] District courts of appeal have jurisdiction to review a trial court's exercise of discretion in denying a downward departure sentence.
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Join FLexlaw to unlock all legal intelligenceVicki Caviness was convicted of first-degree arson and sentenced by the trial court. She requested a downward departure sentence, which the trial cour…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-3661 Lower Tribunal No. 22CF-005906 _____________________________
VICKI CAVINESS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________
Appeal from the Circuit Court for Polk County. Catherine L. Combee, Judge.
September 26, 2025
PER CURIAM.
Appellant Vicki Caviness appeals her judgment and sentence for first-degree arson. She argues that the trial court erred by declining her request for a downward departure sentence. We determine that we have jurisdiction over the appeal. See Gazoombi v. State, 406 So. 3d 371, 375 (Fla. 1st DCA 2025) (en banc) (receding from Wilson v. State, 306 So. 3d 1267 (Fla. 1st DCA 2020), and Parrish v. State, 349 So. 3d 485 (Fla. 1st DCA 2022), and holding that district courts of appeal have jurisdiction to review a trial court’s exercise of its discretion to deny downward
2
departure sentence); Fogarty v. State, 158 So. 3d 669, 671 (Fla. 4th DCA 2014) (en banc); Kiley v. State, 273 So. 3d 193, 194 (Fla. 5th DCA 2019). However, we find no error in the trial court’s denial of Appellant’s request for a downward departure sentence. Accordingly, we affirm.
AFFIRMED.
TRAVER, C.J., and MIZE and GANNAM, JJ., concur.
Blair Allen, Public Defender, and Stephania A. Valantasis. Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Jonathan P. Hurley, Senior Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fogarty v. State, 158 So. 3d 669 (Fla. 4th DCA 2014)
- Parrish v. State, 349 So. 3d 485 (Fla. 1st DCA 2022)
- Gazoombi v. State, 406 So. 3d 371 (Fla. 1st DCA 2025)
- Kiley v. State, 273 So. 3d 193 (Fla. 5th DCA 2019)