JAMES P. PARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed summary denial of motion to correct illegal sentence where trial court imposed drug offender probation on defendant convicted only of grand theft, not a drug offense.
A defendant must be convicted of a specifically enumerated chapter 893 drug offense to qualify for drug offender probation under section 948.034, and imposing such probation on a grand theft conviction violates that statute.
[1] A defendant convicted of grand theft cannot be sentenced to drug offender probation under section 948.034, which requires conviction of a specifically enumerated chapter…
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Join FLexlaw to unlock all legal intelligenceParker was sentenced to drug offender probation despite being convicted only of grand theft under section 812.014(2)(a), not a drug-related offense.…
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PER CURIAM.
The appellant challenges the trial court’s order summarily denying his rule 8.800(a) motion, in which he alleged that the trial court erred in sentencing him to drug offender probation when he was not convicted of violating a drug related offense. We reverse.
Section 948.034, Florida Statutes (2001), sets forth the terms and conditions of probation in a community residential drug punishment center for offenders committing specifically enumerated drug offenses in chapter 898, Florida Statutes (2001). A defendant must be convicted of one of the enumerated chapter 893 offenses in order to qualify for a drug offender probation sentence pursuant to section 948.034. See Ellis v. State, 816 So. 2d 759, 760 (Fla. 4th DCA 2002). In the present case, the appellant alleges that he was convicted only of grand theft pursuant to section 812.014(2)(a), Florida Statutes (2001). Because grand theft is not one of the enumerated chapter 893 drug offenses, the appellant’s drug offender probation was imposed in violation of section 948.034. See Ellis, 816 So. 2d at 762.
We therefore reverse the trial court’s summary denial of the appellant’s motion to correct his illegal sentence and remand for the trial court to attach record portions that conclusively refute the appellant’s claim, or to resentence the appellant without the drug offender probation.
REVERSED and REMANDED.
BARFIELD, KAHN and PADOVANO, JJ., concur.
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Villanueva v. State, 200 So. 3d 47 (Fla. 2016)…olding and the First District Court of Appeal's holding that a trial court may not impose drug offender probation other than for the violation of a drug-related offense listed in the drag offender probation statute, section 948.034. Parker v. State, 839 So. 2d 736 (Fla. 1st DCA 2003); Ellis v. State, 816 So. 2d 759, 761-62 (Fla. 4th DCA 2002).…
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Ackermann v. State, 962 So. 2d 407 (Fla. 1st DCA 2007)…ter 893, Florida Statutes (2001). A defendant may not be sentenced to drug offender probation unless he has been convicted of an enumerated chapter 893 offense or he has specifically agreed to such probation in a plea agreement. See Parker v. State, 839 So. 2d 736, 737 (Fla. 1st DCA 2003); A.D.W. v. State, 777 So. 2d 1101, 1104 (Fla. 2d DCA 2001) (stating that a plea agreement is a contract and a party may waive any right to which he is legally entitled). We therefore reverse the trial court’s order and rem…
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Epperson v. State, 955 So. 2d 642 (Fla. 4th DCA 2007)…han for the violation of a drug related offense listed in the drug offender probation statute, section 948.034, and grand theft is not enumerated as a drug related offense. Ellis v. State, 816 So. 2d 759, 761-62 (Fla. 4th DCA 2002); Parker v. State, 839 So. 2d 736 (Fla. 1st DCA 2003). Further, a reasonable nexus must exist between any special condition of probation and the crime for which it is imposed. See Bell v. State, 652 So. 2d 1192 (Fla. 4th DCA 1995). The imposition of drug offender probation and rela…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002)