Larry Edward Rushin III vs State of Florida

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-268 _____________________________ LARRY EDWARD RUSHIN III, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Jackson County. Wade Mercer, Judge. December 28, 2020 PER CURIAM. AFFIRMED. See Owens v. State, 303 So. 3d 993 (Fla. 1st DCA 2020) (holding that whether section 948.06(2), Florida Statutes (2019), applies to a defendant who committed an offense before the statute was amended, when imposing sentence for a violation of probation, a trial court is limited under section 948.06(2)(f)1. to modifying or continuing probation or imposing a sentence of up to 90 days in county jail only when a defendant “meet[s] all four conditions of section 948.06(2)(f)1.”). ROWE, WINOKUR, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Benjamin L. Hoffman, Assistant Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee. 2

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