St v. Abraheem First-Page

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Appellant, v. Case No. 5D12-1515 ABRAHEEM FIRST-PAGE, Appellee. ________________________________/ Opinion filed August 9, 2013 Appeal from the Circuit Court for Orange County, O.H. Eaton, Jr., Senior Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellee. PER 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 1 Appellate review is authorized pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(L) ("The state may appeal an order . . . withholding adjudication of guilt in violation of general law."). because section 775.08435(1)(a), Florida Statutes (2009), prohibits a court from withholding 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 affirmed. AFFIRMED, in part; REVERSED, in part; and REMANDED for entry of an adjudication of guilt. PALMER, EVANDER and COHEN, JJ., concur. 2

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