Can I appeal a sentence that is within the statutory range?
Yes, you can appeal a sentence that is within the statutory range in Florida. The First District Court of Appeals of Florida has ruled that any sentence within the statutory range may be subject to review on appeal. This means that if a person believes that the sentence they have been given does not adhere to the applicable laws, they can file an appeal in order to challenge the sentence. However, when it comes to appealing a sentence within the statutory range, the appeal court will only consider claims of error in the sentence that is so great that it amounts to a fundamental, gross miscarriage of justice. This means that, in order to win the appeal, the appellant must prove that the sentence imposed was so excessive or inappropriate that it fails to comply with the requirements of justice and fairness. In most cases, the court will not overturn a sentence that is within the range established by law unless the appellant can demonstrate that there was an egregious violation of due process or that the sentence is manifestly excessive or otherwise oppressive. Therefore, while it is possible to appeal a sentence that is within the statutory range, it is difficult to do so successfully without a strong foundation of evidence.
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