Marshall v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2008 JENNIFER MARSHALL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-1344 [April 16, 2008] PER CURIAM. We dismiss Marshall s appeal, as her sole claim of error is the denial of a downward departure sentence by the trial court. As we noted in Jorquera v. State, 868 So. 2d 1250, 1253 (Fla. 4th DCA 2004), The current statutory scheme does not give this court the power to review a trial court s discretionary decision to deny a downward departure. See § 924.06(1), Fla. Stat. (2008). Dismissed. STONE, WARNER and FARMER, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Andrew L. Siegel, Judge; L.T. Case No. 04-1098 CF10A. Alvin E. Entin of Entin & Della Fera, P.A., Fort Lauderdale, for appellant. Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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