State v. Whitaker

JOANOS, Chief Judge.

The state seeks review of the trial court’s denial of its motion to correct sentence. The sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes the trial court to withhold adjudication of guilt for violations of section 316.193, Florida Statutes. We reverse.

Appellant pled nolo contendere to charges of driving a motor vehicle while under the influence of alcoholic beverages (DUI), and driving with a suspended license. Because appellant had three prior DUI convictions, the case was transferred to the circuit court for disposition,…