Parrish v. State
On remand from the Florida Supreme Court, which quashed the First DCA's earlier ruling that it lacked jurisdiction over a claim that the trial court erred by refusing to impose a downward departure, the First DCA reached the merits and affirmed. Applying its en banc decision in Gazoombi v. State, the court held that while appellate jurisdiction exists over such claims, a bald assertion that the trial court 'should have' departed is not a cognizable basis for relief because a defendant has no right to any particular sentence within a legally authorized range.
Key facts
- Defendant Parrish appealed a sentence, claiming the trial court erred by refusing to impose a downward departure sentence.
- The Florida Supreme Court quashed the First DCA's earlier decision that it lacked jurisdiction over downward departure claims and remanded for consideration on the merits.
- +2 more key facts with a free trial
Why it matters
This opinion completes the jurisdictional-versus-merits framework for downward departure appeals in the First District following the Supreme Court's quashal in Parrish and the en banc decision in Gazoombi. Defense… — full analysis with a trial
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