State v. Dorch

Full title: STATE of Florida, Appellant, v. Michael DORCH, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 18, 2008

984 So. 2d 632 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D07-3007.

June 18, 2008.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 2007CF0094908BXX.

Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellee.

POLEN, J.

The state timely appeals the trial court's order withholding adjudication and imposing court costs without sentencing appellee Michael Dorch to probation on a third degree felony.

We reverse. A trial court cannot withhold adjudication without imposing some form of probation. See State v. Manos, 983 So.2d 58 (Fla. 4th DCA 2008); State v. Sylvia, 846 So.2d 1271 (Fla. 4th DCA 2003).

Reversed and remanded.

WARNER and TAYLOR, JJ., concur.