Orr v. State

MORRIS, Judge.

Caineth Orr appeals his three convictions and sentences, specifically challenging his sentence of 364 days in jail followed by two years’ drug offender probation for the offense of resisting an officer with violence. 1 He argues that his sentence of drug offender probation is unlawful because his offense of resisting an officer with violence did not qualify for drug offender probation. We agree and reverse and remand for further proceedings.

Section 948.20(1), Florida Statutes (2014), provides when a trial court may place a defendant on drug offender probation:

If it appears to…