State v. Holbrook

Full title: STATE of Florida, Appellant, v. Shanna Marie HOLBROOK, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Mar 22, 2013

109 So. 3d 884 (Fla. Dist. Ct. App. 2013)

Opinion

No. 5D12–2210.

2013-03-22

STATE of Florida, Appellant, v. Shanna Marie HOLBROOK, Appellee.

Appeal from the Circuit Court for Brevard County, Robert A. Wohn, Jr., Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Brevard County, Robert A. Wohn, Jr., Judge.
Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellee.
PER CURIAM.

The State of Florida appeals the sentence imposed on Shanna Marie Holbrook, contending that the sentence is illegal because it failed to include any statutorily required sanctions for a first Driving Under the Influence with Alcohol Level.15 or Higher offense.¹ Holbrook concedes that the sentence is in error. Accordingly, we reverse and remand for resentencing.

1 See§ 316.193(4), Fla. Stat. (2012).

REVERSED and REMANDED.

SAWAYA, PALMER and EVANDER, JJ., concur.