Ambert v. State
The Sixth DCA held that it has appellate jurisdiction to review a trial court's discretionary denial of a downward departure sentence, aligning with the First DCA's en banc decision in Gazoombi (which receded from Wilson and Parrish) and with the Fourth and Fifth DCAs. On the merits, the court found no abuse of discretion in the trial court's denial of Ambert's request for a downward departure on her aggravated manslaughter of an elderly/disabled adult conviction, and affirmed.
Key facts
- Ambert was convicted of aggravated manslaughter of an elderly or disabled adult and received a sentence without a downward departure.
- Ambert appealed, arguing the trial court abused its discretion by denying her request for a downward departure sentence.
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Why it matters
This opinion is useful to practitioners primarily for its jurisdictional holding: it confirms that the Sixth DCA, like the First (post-Gazoombi), Fourth, and Fifth DCAs, will entertain appeals challenging a trial… — full analysis with a trial
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