State v. Currilly

The State appeals the trial court’s order revoking Appellee’s probation and sentencing him to six months in the county jail, but withholding adjudication of guilt.1 We agree with the State that the trial court erred in withholding adjudication of guilt based on the clear and unambiguous language of section 948.06(2)(b), Florida Statutes (2011).2 However, we are compelled to affirm because the prosecutor failed to adequately preserve the error for appellate review.

Appellee pled guilty to child abuse. Adjudication was withheld and Appellee was placed on probation. Appellee was charged with…