State v. Dishman

District Court of Appeal of Florida

State v. Dishman

5 So. 3d 773, 2009 Fla. App. LEXIS 2215, 2009 WL 690823

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 2009

Docket4D08-1908

StatusPublished

Cited by1 cases

This text of 5 So. 3d 773 (State v. Dishman) 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.

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State v. Dishman, 5 So. 3d 773, 2009 Fla. App. LEXIS 2215, 2009 WL 690823 (Fla. Ct. App. 2009).

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Opinion

MAASS, ELIZABETH T., Associate Judge.

Rajae Dishman was charged with trafficking in cocaine. He entered an open no contest plea to the court and filed a motion for downward departure under the Florida Youthful Offender Act, section 958.011, et seq., Florida Statutes (2007). The trial court granted the motion and sentenced Dishman to two years in prison with a recommendation he be sent to boot camp, but withheld adjudication of guilt. The state appealed, arguing that the withholding of adjudication was error, since Dish-man was sentenced to more than 364 days of incarceration. We agree. See State v. Butler, 719 So.2d 344 (Fla. 4th DCA 1998). We vacate Dishman’s sentence and re *774 mand the action to the trial court for re-sentencing in conformity "with this opinion.

GROSS, C.J., and FARMER, J., concur.

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MAASS, ELIZABETH T., Associate Judge.

Rajae Dishman was charged with trafficking in cocaine. He entered an open no contest plea to the court and filed a motion for downward departure under the Florida Youthful Offender Act, section 958.011, et seq., Florida Statutes (2007). The trial court granted the motion and sentenced Dishman to two years in prison with a recommendation he be sent to boot camp, but withheld adjudication of guilt. The state appealed, arguing that the withholding of adjudication was error, since Dish-man was sentenced to more than 364 days of incarceration. We agree. See State v. Butler, 719 So.2d 344 (Fla. 4th DCA 1998). We vacate Dishman’s sentence and re *774 mand the action to the trial court for re-sentencing in conformity "with this opinion.

GROSS, C.J., and FARMER, J., concur.

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Bluebook (online)

5 So. 3d 773, 2009 Fla. App. LEXIS 2215, 2009 WL 690823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dishman-fladistctapp-2009.

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