McMiller v. State
The Sixth DCA affirmed McMiller's RICO conspiracy conviction and sentence, addressing his claim that the trial court erred in declining a downward departure sentence despite mitigating evidence. The court held it has jurisdiction to review a trial court's discretionary denial of a downward departure, aligning with the First, Fourth, and Fifth DCAs, but found no abuse of discretion on the merits.
Key facts
- McMiller was convicted of RICO conspiracy in trial court and received a sentence without a downward departure despite presenting mitigating evidence.
- McMiller appealed, arguing the trial court erred in denying his request for a downward departure sentence.
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Why it matters
This opinion clarifies that the Sixth DCA will exercise jurisdiction to review denials of downward departure sentences, resolving what could have been an emerging point of confusion given a prior split among other… — full analysis with a trial
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