Legal Opinion

State v. First-Page

District Court of Appeal of Florida

Decided August 9, 2013No. 5D12-1515Published

1Per curiam

After a jury found Appellee guilty of a first-degree felony, the trial court, over the State’s objection, withheld adjudication of guilt and imposed a probationary sentence. The State appeals the trial court’s failure to adjudicate Appellee guilty.1 We reverse because section 775.08435(l)(a), Florida Statutes (2009), prohibits a court from *960withholding an adjudication of guilt upon a defendant who is found to have committed a first-degree felony. See State v. Foster, 114 So.3d 422 (Fla. 5th DCA 2013); State v. Ketchum, 111 So.3d 197 (Fla. 3d DCA 2013). The judgment and sentence are otherwise…

2Cases cited2 opinions

  1. State v. FosterDistrict Court of Appeal of Florida · 2013
  2. State v. KetchumDistrict Court of Appeal of Florida · 2013

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