Timothy Joseph Ferguson v. State of Florida

2025-1723Fladistctapp4

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D ISTRICT C OURT OF A PPEAL O F T HE STATE OF F LORIDA
FOURTH DISTRICT
TIMOTHY JOSEPH FERGUSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D2025-1723
[April 22, 2026]
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.
Lucie 	County; 	Michael 	Carlton 	Heisey, 	Judge; 	L.T. 	Case 	Nos.
562014CF001172A; 562014CF001814A; 562024CF002199A.
Jonathan Jay Kirschner of Jonathan Jay Kirschner, Esq., & Associates,
LLC, Fort Pierce, for appellant.
James Uthmeier, Attorney General, Tallahassee, and Zi Jin Peter
Chan, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM .
Affirmed. 	See, inter alia, Venter v. State, 901 So. 2d 898, 898 (Fla. 4th
DCA 2005) (“We know of no principle or case, nor has one been cited to
us, 	which 	holds 	that 	due 	process 	includes 	the 	right 	of 	an 	express
explanation on why a motion to downward depart was denied. We decline
to recognize such a right.”).
KLINGENSMITH, S HAW and LOTT , JJ., concur.
* 	* 	*
Not final until disposition of timely-filed motion for rehearing.

OCR transcription; preserved printed pages are authoritative

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

TIMOTHY JOSEPH FERGUSON,
Appellant,

Vv.

STATE OF FLORIDA,
Appellee.

No. 4D2025-1723
[April 22, 2026]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.
Lucie County; Michael Carlton MHeisey, Judge; L.T. Case Nos.
562014CF001172A; 562014CF001814A; 562024CF002199A.

Jonathan Jay Kirschner of Jonathan Jay Kirschner, Esq., & Associates,
LLC, Fort Pierce, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Zi Jin Peter
Chan, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See, inter alia, Venter v. State, 901 So. 2d 898, 898 (Fla. 4th
DCA 2005) (“We know of no principle or case, nor has one been cited to
us, which holds that due process includes the right of an express
explanation on why a motion to downward depart was denied. We decline
to recognize such a right.”).

KLINGENSMITH, SHAW and LOTT, JJ., concur.

* * *

Not final until disposition of timely-filed motion for rehearing.

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