State v. Messina

The state appeals the sentence imposed upon Andrew Messina by the trial court. Messina pleaded guilty to possession of marijuana with intent to sell pursuant to section 893.13(l)(a)2., Florida Statutes (2007), a third degree felony. Over the state’s objection, the trial court sentenced Messina to time served and withheld adjudication. The state argues the trial court imposed an illegal sentence. We agree and reverse.

In State v. Tribble, 984 So.2d 639 (Fla. 4th DCA 2008), after the defendant pleaded guilty to possession of cocaine, the trial court imposed court costs and withheld adjudication.…