Bliss v. State

Phipps, Judge.

While on probation as a first offender, Joshua Bliss was convicted of misdemeanor possession of marijuana and driving with his license suspended. On the State’s petition, based on these misdemeanor convictions and applying dicta in Mohammed v. State,1 the trial court determined that it had no discretion in the matter and that it was obliged to adjudicate him guilty and sentence him as a felon. He appeals the trial court’s failure to exercise its discretion. We find that the trial court has discretion about whether to revoke Bliss’s first offender status and remand the case for…