State v. Countryman

District Court of Appeal of Florida

State v. Countryman

132 So. 3d 922, 2014 WL 594358, 2014 Fla. App. LEXIS 2093

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 2014

DocketNo. 1D13-2032

StatusPublished

Cited by1 cases

This text of 132 So. 3d 922 (State v. Countryman) 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.

Bluebook

State v. Countryman, 132 So. 3d 922, 2014 WL 594358, 2014 Fla. App. LEXIS 2093 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

The state appeals the trial court’s order revoking appellee’s probation on four counts of false verification of ownership on a pawnbroker transaction form, but withholding adjudication of guilt and placing appellee on probation for four months with the special condition that he serve those four months in the county jail. Consistent with this court’s recent decision in State v. Currilly, 126 So.3d 1244 (Fla. 1st DCA 2013), we agree with the state that the trial court erred in withholding adjudication of guilt based on the clear and unambiguous language of section 948.06(2)(b) & (e), Florida Statutes (2012). Unlike in Currilly, we find the prosecutor adequately preserved this error for appellate review. Accordingly, we reverse and remand for resentencing. If the court wants to withhold adjudication of guilt on the four counts of false verification of ownership on a pawnbroker transaction form, it could modify rather than revoke appellee’s probation as to those counts.

REVERSED and REMANDED for re-sentencing.

BENTON, SWANSON, and OSTERHAUS, JJ„ concur.

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PER CURIAM.

The state appeals the trial court’s order revoking appellee’s probation on four counts of false verification of ownership on a pawnbroker transaction form, but withholding adjudication of guilt and placing appellee on probation for four months with the special condition that he serve those four months in the county jail. Consistent with this court’s recent decision in State v. Currilly, 126 So.3d 1244 (Fla. 1st DCA 2013), we agree with the state that the trial court erred in withholding adjudication of guilt based on the clear and unambiguous language of section 948.06(2)(b) & (e), Florida Statutes (2012). Unlike in Currilly, we find the prosecutor adequately preserved this error for appellate review. Accordingly, we reverse and remand for resentencing. If the court wants to withhold adjudication of guilt on the four counts of false verification of ownership on a pawnbroker transaction form, it could modify rather than revoke appellee’s probation as to those counts.

REVERSED and REMANDED for re-sentencing.

BENTON, SWANSON, and OSTERHAUS, JJ„ concur.

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Bluebook (online)

132 So. 3d 922, 2014 WL 594358, 2014 Fla. App. LEXIS 2093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-countryman-fladistctapp-2014.

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