Caviness v. State
The Sixth DCA affirmed a first-degree arson sentence, holding that it has jurisdiction to review a trial court's discretionary denial of a downward departure sentence, relying on the First DCA's en banc decision in Gazoombi v. State (which receded from Wilson and Parrish) and aligning with the Fourth and Fifth DCAs. On the merits, the court found no error in the trial court's denial of the downward departure request.
Key facts
- Caviness was convicted of first-degree arson in trial court.
- Caviness requested a downward departure sentence, which the trial court denied.
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Why it matters
This opinion is useful primarily for its jurisdictional holding: the Sixth DCA confirms it will exercise appellate jurisdiction to review a trial court's denial of a downward departure sentence, aligning with the First… — full analysis with a trial
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