SHAHZAD NAZIR SAYED
v.
STATE OF FLORIDA

Fla. 6th DCA | 2025-12-05
No. 2023-0826
Cupp, J., Smith, J., Mize, J., Gannam, J.
2025 FL 11608 Florida District Court of Appeal, Sixth District (2025)

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Holding

The trial court did not err in denying the appellant's request for a downward departure sentence, and the cost imposition in the judgment is valid.


Headnotes

[1] A trial court's denial of a request for a downward departure sentence in a criminal case is subject to appellate review for abuse of discretion.

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Facts & Procedural History

Shahzad Nazir Sayed entered a no contest plea to aggravated manslaughter of a child and received a sentence that included a cost imposition. Appellant…

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Per_curiam
Per Curiam

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 6D2023-0826 Lower Tribunal No. 20-1910F _____________________________

SHAHZAD NAZIR SAYED, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________

Appeal from the Circuit Court for Charlotte County. Scott H. Cupp, Judge.

December 5, 2025

PER CURIAM.

Appellant, Shahzad Nazir Sayed (“Appellant”), appeals his sentence entered following his no contest plea to one charge of aggravated manslaughter of a child.1 Appellant argues that the trial court erred by denying his request for a downward departure sentence, and that one of the cost impositions in the judgment for his sentence fails to cite to the applicable authority for the cost.

2

We determine that we have jurisdiction over Appellant’s appeal as it pertains to the denial of his request for a downward departure, Caviness v. State, No. 23- 3661, 2025 WL 2737847, at *1 (Fla. 6th DCA Sept. 26, 2025), but we find no error in the trial court’s denial of the request. Therefore, we affirm on that issue. As to the cost imposition, we affirm on that issue for the reasons set forth in Kim v. State, No. 24-0197, 2025 WL 2884470, *1 (Fla. 6th DCA Oct. 10, 2025), and Spiro v. State, 418 So. 3d 316 (Fla. 6th DCA 2025). We also certify this decision to be in direct conflict with Dibelka v. State, 326 So. 3d 835 (Fla. 2d DCA 2021), R.T.D. v. State, 679 So. 2d 1263 (Fla. 2d DCA 1996), and Williams v. State, 285 So. 3d 1003 (Fla. 1st DCA 2019).

AFFIRMED. CONFLICT CERTIFIED.

SMITH, MIZE and GANNAM, JJ., concur.

Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.

James Uthmeier, Attorney general, Tallahassee, and Wendy Buffington, Senior Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED

Footnotes
1 This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.

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