Eric Desmond Parrish v. State of Florida

Summary

The Supreme Court of Florida held that a district court of appeal has jurisdiction under article V, section 4(b)(1) of the Florida Constitution to review a trial court's final order denying a downward departure sentence, because a sentencing order is a final order and the Legislature has not clearly limited review of such denials. It quashed the First District's decision dismissing Parrish's sentencing appeal for lack of jurisdiction, approved the contrary decisions in Barnhill, Fogarty, and Kiley, disapproved Wilson to the extent inconsistent, and remanded for further proceedings. The Court also confirmed that it properly retained jurisdiction despite the First District's intervening change of course in Gazoombi. No separate opinions were filed.