Ackermann v. State
This text of 962 So. 2d 407 (Ackermann v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Shane J. ACKERMANN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Shane Ackermann, pro se, Appellant.
Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
The appellant challenges the trial court's summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion, in which he asserts that he was improperly sentenced to drug offender probation although none of the underlying convictions were for offenses contained within chapter 893, Florida Statutes (2001). A defendant may not be sentenced to drug offender probation unless he has been convicted of an enumerated chapter 893 offense or he has specifically agreed to such probation in a plea agreement. See Parker v. State, 839 So.2d 736, 737 (Fla. 1st DCA 2003); A.D.W. v. State, 777 So.2d 1101, 1104 (Fla. 2d DCA 2001) (stating that a plea agreement is a contract and a party may waive any right to which he is legally entitled).
We therefore reverse the trial court's order and remand for the court to attach records conclusively refuting the appellant's claim or, in the alternative, to resentence the appellant without the drug offender probation.
REVERSED AND REMANDED.
KAHN, WEBSTER, and ROBERTS, JJ., concur.
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962 So. 2d 407, 2007 WL 2301355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ackermann-v-state-fladistctapp-2007.