State v. Ly
This text of 208 So. 3d 330 (State v. Ly) 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
The State appeals the trial court’s order withholding adjudication for Michael Nguyen Ly’s third-degree felony conviction. The withhold of adjudication was entered after Ly entered a guilty plea to possession of more than twenty grams of cannabis. The State correctly argues that the trial court erroneously withheld adjudication for the third-degree felony because Ly had two or more prior withholdings of adjudication for felonies that did not arise from the same transaction as the current felony offense. See § 775.08435(1)(c)2, Fla. Stat. (2015); State v. Jean, 114 So.3d 451, 452 (Fla. 4th DCA 2013); State v. Cook, 14 So.3d 1155, 1156 (Fla. 4th DCA 2009).
Accordingly, we reverse that portion of the judgment and sentence withholding adjudication for the third-degree felony and remand for resentencing.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
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Cite This Page — Counsel Stack
208 So. 3d 330, 2017 Fla. App. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ly-fladistctapp-2017.