STATE OF FLORIDA, APPELLANT,
v.
BRUCE BERNARD STONE, APPELLEE
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The Florida Fourth District Court of Appeal reversed a trial court's sentencing decision where the court improperly withheld adjudication and imposed probation for a drug possession defendant with prior felony drug convictions. The statute prohibits withholding adjudication and mandates minimum probation terms with specific conditions when a defendant has a prior conviction for selling cocaine.
The court held that a trial court may not withhold adjudication for a defendant with a prior felony conviction for selling cocaine under section 893.13(l)(a)2. The statute mandates that adjudication not be withheld and that the offender be placed on probation for not less than 18 months, with a requirement to reside at a community residential drug punishment center for 90 days.
[1] A trial court commits reversible error when it withholds adjudication and imposes probation for a drug offense if the defendant has a prior conviction for selling cocaine…
[2] Statutory provisions mandate that adjudication may not be withheld and a minimum probation period shall be imposed when a defendant has a prior felony conviction for sell…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If a defendant has previously been convicted of one felony violation of section 893.13(l)(a)2., "adjudication may not be withheld and the offender may be placed on probation for not less than 18 months, as a condition of which the court shall require the offender to reside at a community residential drug punishment center for 90 days."”
Establishes the mandatory statutory prohibition on withholding adjudication and the required probation conditions for defendants with prior drug selling convictions
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe defendant was adjudicated guilty of possession of cocaine and possession of marijuana. At sentencing, the State established that the defendant had…
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PER CURIAM.
The State appeals a downward departure sentence. The trial court adjudicated the Defendant guilty on one count of possession of cocaine and one count of possession of marijuana. At the sentencing hearing, the State informed the trial court that the Defendant had five prior felony convictions. Defense counsel acknowledged the prior convictions and agreed that the Defendant was not eligible for a presentencing investigation.
The trial court sentenced the Defendant to five years in prison, withheld adjudication, and placed the Defendant on five years probation. Both the State and defense counsel told the trial court that it could not withhold adjudication in light of the Defendant’s prior convictions.
The State correctly argues that the trial court committed reversible error when it withheld adjudication and sentenced the Defendant to five years probation, knowing that one of the Defendant’s prior convictions was for selling cocaine. If a defendant has previously been convicted of one felony violation of section 893.13(l)(a)2., “adjudication may not be withheld and the offender may be placed on probation for not less than 18 months, as a condition of which the court shall require the offender to reside at a community residential drug punishment center for 90 days.” § 948.034(2)(b), Fla. Stat. (2000) (emphasis added).
Our opinion in State v. Royal, 763 So. 2d 503 (Fla. 4th DCA 2000) is dispositive. In Royal, the defendant pled guilty to sale of cocaine under section 893.13(l)(a)l and possession of cocaine. At the time of sentencing, the State submitted a criminal punishment code scoresheet which disclosed the defendant’s prior convictions for sale and possession of cocaine. The defendant requested a three year term of drug offender probation under section 934.034(1), Florida Statutes (2000). The State objected based upon the defendant’s prior criminal history. The trial court ad judicated the defendant guilty, but placed him on probation for four years. We reversed and held that the legislature did not provide for drug offender probation for people with more than two previous convictions.
Similarly, in this case, because the Defendant had prior drug convictions, the trial court erred in sentencing the Defendant to drug offender probation. Therefore, we reverse and remand to the trial court for resentencing.
REVERSED AND REMANDED.
GUNTHER, FARMER and KLEIN, JJ., concur.