STORM ROYAL THAYER
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellate review of a trial court's denial of a downward departure sentence is permitted only when the trial court misapprehends or refuses to exercise its sentencing discretion as a matter of policy.
[1] Appellate review of a trial court's denial of a downward departure sentence is appropriate only when the record demonstrates that the trial court misapprehends its discre…
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 intelligenceStorm Royal Thayer was convicted and sentenced to life imprisonment for second-degree murder. He appealed, challenging both the sentencing court's ref…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Downward Departure Sentence cases and more on FLexlaw
September 25, 2024 PER CURIAM.
Storm Royal Thayer appeals his life sentence for second- degree murder, raising two issues. As to his challenge to the sentencing court’s refusal to impose a departure sentence, we dismiss this portion of his appeal for lack of jurisdiction. See Wilson v. State, 306 So. 3d 1267, 1273 (Fla. 1st DCA 2020) (holding that appellate review of the trial court’s denial of a downward departure sentence is only appropriate when the trial court “misapprehends its discretion to depart or refuses to exercise that discretion as a matter of policy”), rev. granted, No. SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021), and Parrish v. State, 349 So. 3d 485 (Fla. 1st DCA 2022), rev. granted, No. SC-2022-1457, 2023 WL 5223320 (Fla. Aug. 15, 2023). We otherwise affirm without further comment.
DISMISSED in part; AFFIRMED in part.
LEWIS, ROBERTS, and RAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State (Fla. 1st DCA 2024)
- Dunham v. State (Fla. 1st DCA 2025)
- Fleming v. State (Fla. 1st DCA 2024)