Mister D. Paige v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MISTER DEVOIN PAIGE, Appellant, v. Case No. 5D15-3354 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 29, 2015 Appeal from the Circuit Court for Putnam County, Scott C. Dupont, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Mister Paige appeals his sentence arguing that, since he was not charged with a drug offense and no evidence was presented that he was a chronic substance abuser, he did not qualify to receive drug offender probation. See § 948.20 Fla. Stat. (2014); Green v. State, 178 So. 3d 467 (Fla. 1st DCA 2015). The State properly concedes error. Accordingly, we remand this matter to the trial court to strike the drug offender probation order and enter a standard probation order. AFFIRMED in part; REVERSED in part; REMANDED. SAWAYA, PALMER and COHEN, JJ., concur. 2

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