Enea v. State

Peter Alejandro Enea seeks certiorari review of the trial court’s denial of his motion to terminate probation. In denying Enea’s motion, the trial court declined to exercise its discretion to consider the motion on its merits and apparently found that “case law clearly prohibits” the trial court from terminating probation where the defendant enters into a plea agreement with the State. We hold that a trial court maintains its discretion pursuant to section 948.05, Florida Statutes (2015), to grant a motion to terminate probation where the defendant is sentenced pursuant to a plea agreement.…