DELFON BLAIR
v.
STATE OF FLORIDA
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Due process does not require a trial court to provide an express explanation for denying a motion for downward departure in sentencing.
[1] Due process does not guarantee a defendant the right to receive an express written or oral explanation from the trial court for its denial of a motion for downward depart…
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“We know of no principle or case, nor has one been cited to us, which holds that due process includes the right of an express explanation on why a motion to downward depart was denied. We decline to recognize such a right.”
Court's rationale for affirming the trial court's decision
Delfon Blair appealed from two criminal cases in St. Lucie County, challenging the trial court's denial of his motion for downward departure.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
DELFON BLAIR, Appellant/Petitioner,
v.
STATE OF FLORIDA, Appellee/Respondent.
Nos. 4D20-1916 and 4D20-2234
[July 7, 2020]
Consolidated appeal and petition from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; William L. Roby, Judge; L.T. Case Nos. 562019CF001885A and 562020CF000937A.
Carey Haughwout, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant/petitioner.
Ashley Moody, Attorney General, Tallahassee, and Kimberly T. Acuña, Assistant Attorney General, West Palm Beach, for appellee/respondent.
PER CURIAM.
Affirmed. See Venter v. State, 901 So. 2d 898, 898 (Fla. 4th DCA 2005) (“We know of no principle or case, nor has one been cited to us, which holds that due process includes the right of an express explanation on why a motion to downward depart was denied. We decline to recognize such a right.”).
CONNER, C.J., CIKLIN and GERBER, JJ., concur.
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