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RUBIO v. STATE

No. 3D20-534.

317 So.3d 1249 (2021)

Jorge Alberto RUBIO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed April 28, 2021.

Attorney(s) appearing for the Case

Eugene F. Zenobi , Criminal Conflict and Civil Regional Counsel, Third Region, and Kristen Kawass , Assistant Regional Counsel, for appellant.

Ashley Moody , Attorney General, and Ivy R. Ginsberg , Assistant Attorney General, for appellee.

Before LOGUE, GORDO, and LOBREE, JJ.

We affirm based upon this Court's precedent in Wyden v. State, 958 So.2d 540, 540 (Fla. 3d DCA 2007) (holding "[w]e lack even the authority to consider the trial court's failure to downward depart"). In so affirming, however, we acknowledge that the Supreme Court recently accepted conflict...

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