Opinion
No. 5D12–1515.
2013-08-9
STATE of Florida, Appellant, v. Abraheem FIRST–PAGE, Appellee.
Appeal from the Circuit Court for Orange County, O.H. Eaton, Jr., Senior Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellee.
Appeal from the Circuit Court for Orange County, O.H. Eaton, Jr., Senior Judge.
Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellee.
PER CURIAM.
After a jury found Appellee guilty of a first-degree felony, the trial court, over the State's objection, withheld adjudication of guilt and imposed a probationary sentence. The State appeals the trial court's failure to adjudicate Appellee guilty.
We reverse because section 775.08435(1)(a), Florida Statutes (2009), prohibits a court from withholding an adjudication of guilt upon a defendant who is found to have committed a first-degree felony. See State v. Foster, 114 So.3d 422 (Fla. 5th DCA 2013); State v. Ketchum, 111 So.3d 197 (Fla. 3d DCA 2013). The judgment and sentence are otherwise affirmed.
Appellate review is authorized pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(L) (“The state may appeal an order ... withholding adjudication of guilt in violation of general law.”).
AFFIRMED, in part; REVERSED, in part; and REMANDED for entry of an adjudication of guilt.
PALMER, EVANDER and COHEN, JJ., concur.