Green v. State

District Court of Appeal of Florida

Green v. State

178 So. 3d 467, 2015 Fla. App. LEXIS 15318, 2015 WL 6016832

District Court of Appeal of Florida·Decided October 15, 2015·No. No. 1D14-2617·Published·Cited by 1 cases

Opinions

PER CURIAM.

The state properly concedes that appellant could not be sentenced to ten years of drug offender probation because he was not eligible to receive drug offender probation in this case. See § 948.20(1), Fla. Stat. (2014). Accordingly, we reverse the imposition of drug offender probation and remand with directions that the trial court resentence ■ appellant without imposing [468] drug offender probation. We otherwise affirm appellant’s judgment and sentence without comment.

Affirmed in part, reversed in part, and remanded with directions.

ROBERTS, C.J. and LEWIS, J., concur; BENTON, J., dissents with opinion.

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PER CURIAM.

The state properly concedes that appellant could not be sentenced to ten years of drug offender probation because he was not eligible to receive drug offender probation in this case. See § 948.20(1), Fla. Stat. (2014). Accordingly, we reverse the imposition of drug offender probation and remand with directions that the trial court resentence ■ appellant without imposing [468] drug offender probation. We otherwise affirm appellant’s judgment and sentence without comment.

Affirmed in part, reversed in part, and remanded with directions.

ROBERTS, C.J. and LEWIS, J., concur; BENTON, J., dissents with opinion.

Green v. State, 178 So. 3d 467, 2015 Fla. App. LEXIS 15318, 2015 WL 6016832 (Fla. Ct. App. 2015).

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