Kelly v. State

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT TEQUILA KELLY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D12-3080 Opinion filed July 26, 2013. Appeal from the Circuit Court for Polk County; John Radabaugh, Judge. Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We affirm the judgment on appeal but remand in order to correct a sentencing error in the order of probation that is inconsistent with the trial judge's oral findings at the sentencing hearing. Ms. Kelly pleaded guilty to one count of neglect of a child, a felony, 1 and to one count of providing false information to law enforcement during an investigation, a misdemeanor. 2 At sentencing, the trial court announced that it would "withhold adjudication as to the felony, [and] adjudicate [defendant] as to . . . count three[,] the misdemeanor." The order of probation, however, adjudicates Ms. Kelly guilty as to the felony, i.e., neglect of a child, and withholds adjudication on the misdemeanor, i.e., providing false information to law enforcement. The probation order shall be corrected on remand to reflect the sentence pronounced at the sentencing hearing. Affirmed in part, reversed in part, and remanded. ALTENBERND, CASANUEVA, and BLACK, JJ., Concur. 1 See § 827.03, Fla. Stat. (2011). 2 See § 837.055, Fla. Stat. (2011). -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.