JOHN OWEN KILEY
v.
STATE OF FLORIDA
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A trial court does not abuse its discretion in declining to impose a downward departure sentence, and such decisions are reviewed for abuse of discretion.
[1] A trial court's discretionary decision to deny a requested downward departure sentence is reviewed for abuse of discretion and will be sustained absent a clear abuse of t…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the aspect of a trial court's decision as to whether it should impose a downward departure sentence 'is a judgment call within the sound discretion of the court and will be sustained on review absent an abuse of discretion'”
Citation to Banks v. State, 732 So. 2d 1065, 1067–68 (Fla. 1999)
John Owen Kiley was convicted of vehicular homicide and sentenced to ten years in prison. His lowest permissible sentence under the Criminal Punishmen…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JOHN OWEN KILEY,
Appellant,
v. Case No. 5D17-3314
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed May 10, 2019
Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge.
Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
LAMBERT, J.
John Owen Kiley timely appeals his judgment and ten-year prison sentence for vehicular homicide. He argues that the trial court erred in denying his request for a downward departure sentence.1 Having carefully reviewed the record, we conclude that
AFFIRMED.
EVANDER, C.J., and HARRIS, J., concur.
2 We acknowledge that previously, in Little v. State, 152 So. 3d 770, 771–72 (Fla. 5th DCA 2014), we had stated that an appellate court lacks the authority to review a trial court’s discretionary decision to deny a requested downward departure sentence. This statement, however, was not essential to the decision in that case and, being mere dicta, was of no precedential value. See State ex rel. Biscayne Kennel Club v. Bd. of Bus. Regulation, 276 So. 2d 823, 826 (Fla. 1973) (recognizing that a statement in a district court of appeal opinion that was not essential to the decision of the court is obiter dictum and without force as precedent).
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Cited By
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State Farm Mut. Auto. Ins. Co. v. Finson, 385 So. 3d 196 (Fla. 2d DCA 2024)
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Ned William Wilson III v. State (Fla. 1st DCA 2020)
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Oriana Forsythe v. State (Fla. 1st DCA 2021)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Donald B. Banks v. State, 732 So. 2d 1065 (Fla. 1999)
- State v. Bd. OF Bus. Reg. OF the Dep't OF Bus. Reg. OF the State of Fla., 276 So. 2d 823 (Fla. 1973)
- Barnhill v. State, 140 So. 3d 1055 (Fla. 2d DCA 2014)
- Pacha v. Honorable Dominick J. Salfi, 381 So. 2d 373 (Fla. 5th DCA 1980)
- Fogarty v. State, 158 So. 3d 669 (Fla. 4th DCA 2014)
- Little v. State, 152 So. 3d 770 (Fla. 5th DCA 2014)