MCMILLER v. STATE (2025)

Appellant Jari McMiller challenges his conviction and sentence for racketeering (RICO) conspiracy, in violation of sections 895.03(4) and 874.04, Florida Statutes. We find no error and affirm. We write, however, to briefly address McMiller's claim that the trial court erred in declining to grant his request for a downward departure, in light of the mitigating evidence presented at sentencing. We find that we have jurisdiction to consider this claim on the merits. See Gazoombi v. State, 406 So. 3d 371, 375 (Fla. 1st DCA 2025) (en banc) (receding from Wilson v. State, 306 So. 3d 1267 (Fla. 1st DCA 2020) and Parrish v. State, 349 So. 3d 485 (Fla. 1st DCA 2022), and holding that district courts of appeal had jurisdiction to review trial court's exercise of its discretion to deny downward departure sentence); Fogarty v. State, 158 So. 3d 669, 671 (Fla. 4th DCA 2014) (en banc); Kiley v. State, 273 So. 3d 193, 194 (Fla. 5th DCA 2019). Nevertheless, because the trial court did not abuse its discretion in declining to impose a downward departure sentence, we affirm.

AFFIRMED.

PER CURIAM.

SMITH, MIZE and BROWNLEE, JJ., concur.