Nelson v. State

Appellant was charged with one count of possession of cocaine and one count of possession of drug paraphernalia, and pled no contest to the charges. The circuit court accepted the plea, denied appellant’s motion for alternative sentencing under Florida Statutes section 948.20 (drug offender probation) and sentenced appellant to 37.2 months in prison. The State concedes, and we agree, that the circuit court erred in failing to consider the motion for alternative sentencing for the circuit court’s stated reason that appellant was “not eligible” for alternative sentencing under section 948.20…