What did the court decide?

The appellate court affirmed the trial court's sentencing decision and found no abuse of discretion in imposing a departure sentence.

Who is affected by this decision?

Appellant Sophina Webb is directly affected because her sentence was upheld; the State is the appellee whose conviction/sentence is affirmed.

What does 'no abuse of discretion' mean here?

It means the appellate court found the trial judge acted within acceptable legal bounds when deciding to impose a sentence different from the standard range, so the sentence stands.

Can this decision be challenged further?

The opinion notes it is not final until disposition of any timely and authorized motion under Florida appellate rules; further review could be sought if procedural criteria are met.

Sophina Webb v. State of Florida

Docket 1D2025-2457

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealAffirmed

Filed: Apr 22, 2026 · 1 week ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Criminal Appeal
Disposition: Affirmed
Docket: 1D2025-2457

Appeal from the circuit court of Leon County challenging a departure sentence imposed in a criminal case.

Summary

The First District Court of Appeal affirmed the circuit court's decision in a criminal case brought by the State of Florida against appellant Sophina Webb. The appellate panel, writing per curiam, held that the trial court did not abuse its discretion in imposing a departure sentence. The court relied on controlling precedent that sentencing departures are discretionary and will be upheld on review unless the trial court clearly abused that discretion. The judgment of the lower court is therefore affirmed.

Issue Decided

Whether the trial court abused its discretion in imposing a departure sentence.

Court's Reasoning

The court applied the principle from Banks v. State that whether to impose a departure sentence is a judgment call within the trial court's sound discretion. Because that discretion was not shown to be abused on the record before the appellate court, the appellate court sustained the sentencing decision. The absence of demonstrated abuse of discretion was dispositive.

Authorities Cited

Banks v. State732 So. 2d 1065 (Fla. 1999)

Parties

Appellant: Sophina Webb
Appellee: State of Florida
Judge: J. Lee Marsh
Attorney: Jessica J. Yeary, Public Defender
Attorney: Lori A. Willner, Assistant Public Defender
Attorney: James Uthmeier, Attorney General
Attorney: Heather Flanagan Ross, Assistant Attorney General

Key Dates

Decision date: 2026-04-22

What You Should Do Next

1
Consider filing authorized post-judgment motions
If counsel believes there are grounds, they may file a timely motion under Fla. R. App. P. 9.330 or 9.331 as noted in the opinion.
2
Evaluate further appellate options
Determine whether to seek rehearing in the district court or seek discretionary review by the Florida Supreme Court, subject to applicable rules and deadlines.
3
Advise client regarding sentence status
Defense counsel should inform the appellant that the sentence is affirmed and discuss any collateral remedies or next practical steps, such as prison designation or reentry planning.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the trial court's sentencing decision and found no abuse of discretion in imposing a departure sentence.
Who is affected by this decision?: Appellant Sophina Webb is directly affected because her sentence was upheld; the State is the appellee whose conviction/sentence is affirmed.
What does 'no abuse of discretion' mean here?: It means the appellate court found the trial judge acted within acceptable legal bounds when deciding to impose a sentence different from the standard range, so the sentence stands.
Can this decision be challenged further?: The opinion notes it is not final until disposition of any timely and authorized motion under Florida appellate rules; further review could be sought if procedural criteria are met.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                        No. 1D2025-2457
                 _____________________________

SOPHINA WEBB,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Leon County.
J. Lee Marsh, Judge.

                         April 22, 2026


PER CURIAM.

     AFFIRMED. See Banks v. State, 732 So. 2d 1065, 1068 (Fla.
1999) (holding that whether a trial court should impose a
departure sentence “is a judgment call within the sound discretion
of the court and will be sustained on review absent an abuse of
discretion”).

BILBREY, KELSEY, and M.K. THOMAS, JJ., concur.
                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant
Public Defender, Tallahassee, for Appellant.

James Uthmeier, Attorney General, and Heather Flanagan Ross,
Assistant Attorney General, Tallahassee, for Appellee.




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