SHAHZAD NAZIR SAYED VS STATE OF FLORIDA

2023-0826Fla Dist Ct App 6th

Texte intégral

S IXTH D ISTRICT C OURT OF APPEAL
S TATE OF FLORIDA
_____________________________
Case No. 6D2023-0826
Lower Tribunal No. 20-1910F
_____________________________
S HAHZAD NAZIR S AYED,
Appellant,
v.
S TATE OF F LORIDA ,
Appellee.
_____________________________
Appeal from the Circuit Court for Charlotte County.
Scott H. Cupp, Judge.
December 5, 2025
PER CURIAM.
Appellant, Shahzad Nazir Sayed (“Appellant”), appeals his sentence entered
following his no contest plea to one charge of aggravated manslaughter of a child.1
Appellant argues that the trial court erred by denying his request for a downward
departure sentence, and that one of the cost impositions in the judgment for his
sentence fails to cite to the applicable authority for the cost.
1 This case was transferred from the Second District Court of Appeal to this
Court on January 1, 2023.
2
We determine that we have jurisdiction over Appellant’s appeal as it pertains
to the denial of his request for a downward departure, Caviness v. State, No. 23-
3661, 2025 WL 2737847, at *1 (Fla. 6th DCA Sept. 26, 2025), but we find no error
in the trial court’s denial of the request. Therefore, we affirm on that issue.
As to the cost imposition, we affirm on that issue for the reasons set forth in
Kim v. State, No. 24-0197, 2025 WL 2884470, *1 (Fla. 6th DCA Oct. 10, 2025), and
Spiro v. State, 418 So. 3d 316 (Fla. 6th DCA 2025). We also certify this decision to
be in direct conflict with Dibelka v. State, 326 So. 3d 835 (Fla. 2d DCA 2021),
R.T.D. v. State, 679 So. 2d 1263 (Fla. 2d DCA 1996), and Williams v. State, 285 So.
3d 1003 (Fla. 1st DCA 2019).
AFFIRMED. CONFLICT CERTIFIED.
SMITH, MIZE and GANNAM, JJ., concur.
Michael 	Ufferman, 	of 	Michael 	Ufferman 	Law 	Firm, 	P.A., 	Tallahassee, 	for
Appellant.
James Uthmeier, Attorney general, Tallahassee, and Wendy Buffington, Senior
Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED

OCR transcription; preserved printed pages are authoritative

SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA

Case No. 6D2023-0826
Lower Tribunal No. 20-1910F

SHAHZAD NAZIR SAYED,
Appellant,
Vv.
STATE OF FLORIDA,

Appellee.

Appeal from the Circuit Court for Charlotte County.
Scott H. Cupp, Judge.

December 5, 2025
PER CURIAM.

Appellant, Shahzad Nazir Sayed (“Appellant’’), appeals his sentence entered
following his no contest plea to one charge of aggravated manslaughter of a child.!
Appellant argues that the trial court erred by denying his request for a downward
departure sentence, and that one of the cost impositions in the judgment for his

sentence fails to cite to the applicable authority for the cost.

' This case was transferred from the Second District Court of Appeal to this
Court on January 1, 2023.

We determine that we have jurisdiction over Appellant’s appeal as it pertains
to the denial of his request for a downward departure, Caviness v. State, No. 23-
3661, 2025 WL 2737847, at *1 (Fla. 6th DCA Sept. 26, 2025), but we find no error
in the trial court’s denial of the request. Therefore, we affirm on that issue.

As to the cost imposition, we affirm on that issue for the reasons set forth in
Kim v. State, No. 24-0197, 2025 WL 2884470, *1 (Fla. 6th DCA Oct. 10, 2025), and
Spiro v. State, 418 So. 3d 316 (Fla. 6th DCA 2025). We also certify this decision to
be in direct conflict with Dibelka v. State, 326 So. 3d 835 (Fla. 2d DCA 2021),
R.T.D. v. State, 679 So. 2d 1263 (Fla. 2d DCA 1996), and Williams v. State, 285 So.
3d 1003 (Fla. Ist DCA 2019).

AFFIRMED. CONFLICT CERTIFIED.

SMITH, MIZE and GANNAM, JJ., concur.

Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for
Appellant.

James Uthmeier, Attorney general, Tallahassee, and Wendy Buffington, Senior
Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED

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