FORSYTHE v. STATE (2021)

District Court of Appeal of Florida, First District.

Oriana FORSYTHE, Appellant, v. STATE of Florida, Appellee.

No. 1D20-781

Decided: May 21, 2021

Baya Harrison, III, Monticello, for Appellant. Ashley Moody, Attorney General, and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee, for Appellee.

Because the record shows that the trial court engaged in an appropriate analysis of the factors involved in exercising its discretion, but—nevertheless—declined to grant Appellant's request for a downward departure sentence, “we lack authority to review the trial court's decision[.]” Wilson v. State, 306 So. 3d 1267, 1273 (Fla. 1st DCA 2020), rev. granted, No. SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021). As we did in Wilson, we certify that our decision conflicts with the Second District's decision in Barnhill v. State, 140 So. 3d 1055, 1060 (Fla. 2d DCA 2014); the Fourth District's decision in Fogarty v. State, 158 So. 3d 669, 671 (Fla. 4th DCA 2014); and the Fifth District's decision in Kiley v. State, 273 So. 3d 193, 194 (Fla. 5th DCA 2019). Accordingly, we certify conflict with those decisions.

Dismissed and Conflict Certified.

Per Curiam.

Roberts, Osterhaus, and Jay, JJ., concur.

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