Anderson v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 DEXTER L. ANDERSON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-1643 [ October 25, 2006 ] PER CURIAM. Dexter Anderson seeks review of an order that denied his motion to correct illegal sentence. We reverse and remand with respect to one of his three points. Anderson argues that the trial court was not authorized to impose drug offender probation in connection with count one, sale of cocaine, as such is contrary to Florida Statutes section 948.20. See State v. Roper, 915 So. 2d 622 (Fla. 5th DCA 2005). We agree and remand for the trial court to strike Anderson s drug offender probation and the related conditions. GUNTHER, FARMER and GROSS, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 312002CF001203A. Dexter L. Anderson, Polk City, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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