State v. Fulmore

Appellant, the State of Florida, appeals the trial court’s order withholding adjudication and sentencing Appellee, Eric Ful-more, to eighteen months probation. This court has jurisdiction. Fla. RApp. P. 9.140(b)(1)(C).

Appellee, Eric Fulmore, was charged with possession of cocaine, a third degree felony. Fulmore pled nolo contendere, and the trial court held a sentencing hearing. The State summarized Fulmore’s criminal record for the court explaining that in 2000 Fulmore had been charged with shooting a deadly missile, a second degree felony, and in 1991 he had been charged with civil theft, a…