State v. Ketchum

District Court of Appeal of Florida

State v. Ketchum

111 So. 3d 197, 2013 WL 440160, 2013 Fla. App. LEXIS 1744

District Court of Appeal of Florida·Decided February 6, 2013·No. No. 3D11-1281·Published·Cited by 2 cases

Opinion

PER CURIAM.

The State of Florida appeals the trial court’s withhold of adjudication of the conviction against Scott Ketchum for one count of grand theft in the first degree; in violation of section 812.014(2)(a), Florida Statutes (2007). Section 775.08435, Florida Statutes (2007), prohibits a withhold of [198]*198adjudication for first-degree felonies. Accordingly, we reverse the order withholding adjudication. Because the sentence was part of a plea offer by the trial court, Ketchum shall be offered the opportunity to withdraw his plea on remand.

Reversed and remanded.

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PER CURIAM.

The State of Florida appeals the trial court’s withhold of adjudication of the conviction against Scott Ketchum for one count of grand theft in the first degree; in violation of section 812.014(2)(a), Florida Statutes (2007). Section 775.08435, Florida Statutes (2007), prohibits a withhold of [198]*198adjudication for first-degree felonies. Accordingly, we reverse the order withholding adjudication. Because the sentence was part of a plea offer by the trial court, Ketchum shall be offered the opportunity to withdraw his plea on remand.

Reversed and remanded.

State v. Ketchum, 111 So. 3d 197, 2013 WL 440160, 2013 Fla. App. LEXIS 1744 (Fla. Ct. App. 2013).

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