Lopez v. State
The First DCA majority dismissed Lopez's appeal of the denial of a downward departure sentence per curiam, relying on Wilson v. State for the proposition that such denials are unreviewable absent a showing the trial court misapprehended or refused to exercise its discretion. Judge Tanenbaum dissented at length, arguing the court has constitutional jurisdiction to review the sentencing order as a separate final order and that dismissal (rather than affirmance) is the wrong disposition, while ultimately agreeing Lopez's claim fails on the merits under the Banks two-step departure analysis.
Key facts
- Lopez appealed the trial court's denial of his request for a downward departure sentence.
- The trial court denied Lopez's motion for downward departure, and Lopez appealed the denial.
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Why it matters
This opinion is notable because it exposes an unresolved split within the First DCA over whether appeals challenging denial of downward departure sentences should be dismissed for lack of jurisdiction (per Wilson, which… — full analysis with a trial
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