State v. Jean

The State appeals the defendant’s sentence where the trial court withheld adjudication on the defendant’s third felony drug charge. The defendant concedes error. We reverse.

The State charged the defendant with possession of cocaine. Prior to this charge, the defendant had been sentenced for possession of cocaine and delivery of cocaine. In each instance, adjudication had been withheld. No one disputes these facts.

At sentencing, the defense again requested the trial court to withhold adjudication because the defendant was successfully participating in drug court, remorseful, and young. The…