MANUEL v. STATE (2022)

District Court of Appeal of Florida, First District.

Darnel Duran MANUEL, Appellant, v. STATE of Florida, Appellee.

No. 1D21-1315

Decided: June 22, 2022

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Darcy O. Townsend, Assistant Attorney General, Tallahassee, for Appellee.

We affirm, without comment, Appellant's judgment and ten-year prison sentence after the court found Appellant committed two new law violations and revoked his probation.

We also affirm the court's denial of a downward departure. This Court will not reverse a trial court's decision not to depart downwardly, where there is no argument that the trial court misconstrued its discretion to depart, or had a blanket policy of refusing to exercise its discretion to depart. See Wilson v. State, 306 So. 3d 1267, 1271-73 (Fla. 1st DCA 2020), review granted, SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021); see also Clark v. State, 315 So. 3d 776, 780-81 (Fla. 1st DCA 2021), review granted, SC21-824, 2021 WL 6014963 (Fla. Dec. 21, 2021).

Affirmed.

Per Curiam.

Rowe, C.J., and Roberts and Kelsey, JJ., concur.

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