State v. Shanna Holbrook

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Appellant, v. Case No. 5D12-2210 SHANNA MARIE HOLBROOK, Appellee. ________________________________/ Opinion filed March 22, 2013 Appeal from the Circuit Court for Brevard County, Robert A. Wohn, Jr., Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock Mcguigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellee. PER CURIAM. The State of Florida appeals the sentence imposed on Shanna Marie Holbrook, contending that the sentence is illegal because it failed to include any statutorily required sanctions for a first Driving Under the Influence with Alcohol Level .15 or Higher offense.1 Holbrook concedes that the sentence is in error. Accordingly, we reverse and remand for resentencing. REVERSED and REMANDED. SAWAYA, PALMER and EVANDER, JJ., concur. 1 See § 316.193(4), Fla. Stat. (2012). 2

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