Opinion
5D2024-0256
10-08-2024
Allan J. Radi, Appellant, v. State of Florida, Appellee.
Hani Demetrious and Robert David Malove, of the Law Office of Robert David Malove, P.A., Ft. Lauderdale, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marissa V. Giles, Assistant Attorney General, Daytona Beach, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Hernando County LT Case No. 2023-CF-000465 . Stephen E. Toner, Jr., Judge.
Hani Demetrious and Robert David Malove, of the Law Office of Robert David Malove, P.A., Ft. Lauderdale, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Marissa V. Giles, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
In this appeal from his probation revocation and sentence for possession of a controlled substance, Appellant claims that the trial court erred in denying his motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) because the court was required to modify or continue Appellant's probation under section 948.06(2)(f), Florida Statutes (2023). Contrary to the State's assertion, this claim is properly preserved for appeal because it was raised in Appellant's rule 3.800(b)(2) motion. Since the State does not dispute that Appellant met all four conditions of section 948.06(2)(f), the trial court was required to modify or continue Appellant's probation. Accordingly, we reverse and remand for resentencing.
REVERSED and REMANDED.
JAY, HARRIS, and SOUD, JJ, concur