BRADLEY DUNHAM
v.
STATE OF FLORIDA
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The appeal is dismissed based on controlling precedent in Wilson v. State.
[1] An appellate court may dismiss an appeal where controlling precedent with review pending before the supreme court directly governs the legal issue presented.
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Join FLexlaw to unlock all legal intelligenceBradley Dunham appealed a judgment from the Circuit Court for Okaloosa County.…
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January 2, 2025 PER CURIAM.
DISMISSED. See Wilson v. State, 306 So. 3d 1267, 1273 (Fla. 1st DCA 2020), review granted, No. SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021). B.L. THOMAS, KELSEY, and M.K. THOMAS, 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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Jessica J. Yeary, Public Defender, Megan Long, Assistant Public Defender, and Jasmine Russell Dixon, Assistant Public Defender, Tallahassee; Jay Patel of Jay Patel Law, P.A., Fort Walton Beach; Timothy W. Shaw of Anchors Smith Grimsley, Fort Walton Beach, for Appellant. Ashley Moody, Attorney General, and Ryan Roy, Assistant Attorney General, Tallahassee, for Appellee.
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Citator
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State v. Kunkemoeller, 333 So. 3d 335 (Fla. 1st DCA 2021)…ourt are not exclusive to those enumerated in section 921.0026(2). Trial courts have “wide discretion” in determining whether to grant a downward departure. Wilson v. State, 306 So. 3d 1267, 1269 (Fla. 1st DCA 2020), review granted, No. SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021). A trial court “can impose a downward departure sentence for reasons not delineated in section 921.0026(2), so long as the reason given is supported by competent, substantial evidence and is not otherwise prohibited.” State v.…
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Darnel Duran Manuel v. State (Fla. 1st DCA 2022)…there is no argument that the trial court misconstrued its discretion to depart, or had a blanket policy of refusing to exercise its discretion to depart. See Wilson v. State, 306 So. 3d 1267, 1271-73 (Fla. 1st DCA 2020), review granted, SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021); see also Clark v. State, 315 So. 3d 776, 780-81 (Fla. 1st DCA 2021), review granted, SC21-824, 2021 WL 6014963 (Fla. Dec. 21, 2021). AFFIRMED. ROWE, C.J., and ROBERTS and KELSEY, JJ., concur. _____________________________ N…
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Storm Royal Thayer v. State (Fla. 1st DCA 2024)…pellate 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,…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baker v. State (Fla. 1st DCA 2024)