LENA DANIELE AUSSERER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-02-14
No. 2022-4109
2024 FL 1496 Florida District Court of Appeal, First District (2024) Positive Treatment
Cited by 2 cases

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Holding

An appeal from a trial court's denial of a downward departure is unreviewable without certification to the Supreme Court.

Headnotes

[1] An appeal from a trial court's denial of a downward departure request is not reviewable by the appellate court unless the issue is certified to the Supreme Court.

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Facts & Procedural History

Lena Daniele Ausserer appealed a decision by the trial court denying her request for a downward departure in sentencing. The appeal was brought before…

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Topics
Downward Departure Sentence

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Opinion of the Court

February 14, 2024 PER CURIAM.

DISMISSED. See Parrish v. State, 349 So. 3d 485 (Fla. 1st DCA 2022) (dismissing as unreviewable appeal from trial court’s denial of downward departure), review granted, No. SC2022-1457, 2023 WL 5223320 (Fla. Aug. 15, 2023). LEWIS, RAY, and KELSEY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

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Citator

Cited By

  • Fleming v. State (Fla. 1st DCA 2024)
    …PER CURIAM. We dismiss this case for lack of jurisdiction. See Parrish v. State, 349 So. 3d 485 (Fla. 1st DCA 2022), rev. granted, No. SC22- 1457, 2023 WL 5223320 (Fla. Aug. 15, 2023); Wilson v. State, 306 So. 3d 1267 (Fla. 1st DCA 2020), rev. granted, No. SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021). B.L. THOMAS, RAY, and NORDBY, JJ., con…
  • Daquan Daren Walker v. State (Fla. 1st DCA 2025)
    …PER CURIAM. AFFIRMED. See Parrish v. State, 349 So. 3d 485 (Fla. 1st DCA 2022), rev. granted, No. SC22-1457, 2023 WL 5223320 (Fla. Aug. 15, 2023); Wilson v. State, 306 So. 3d 1267 (Fla. 1st DCA 2020), rev. granted, No. SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021); Parks v. State, 371 So. 3d 392, 393 (Fla…

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