DEXTER L. ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-10-25
No. 4D06-1643
GUNTHER, FARMER and GROSS, JJ., concur.
941 So. 2d 446 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Dexter Anderson seeks review of an order that denied his motion to correct illegal sentence. We reverse and remand with respect to one of his three points.

Anderson argues that the trial court was not authorized to impose drug offender probation in connection with count one, sale of cocaine, as such is contrary to Florida Statutes section 948.20. See State v. Roper, 915 So. 2d 622 (Fla. 5th DCA 2005). We agree and remand for the trial court to strike Anderson’s drug offender probation and the related conditions.

GUNTHER, FARMER and GROSS, JJ., concur.


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  • Epperson v. State, 955 So. 2d 642 (Fla. 4th DCA 2007)
    …it is imposed. See Bell v. State, 652 So. 2d 1192 (Fla. 4th DCA 1995). The imposition of drug offender probation and related conditions, when the trial court lacks authority to do so, is cognizable in a rule 3.800(a) motion. See Anderson v. State, 941 So. 2d 446 (Fla. 4th DCA 2006); Parker. Accordingly, we reverse and remand for further proceedings. Unless the trial court is able to attach portions of the record that refute Epperson’s claim, he appears to be entitled to relief. If Epper-son is entitled to…
  • Fortner v. State, 23 So. 3d 1275 (Fla. 2d DCA 2010)
    …93.13(2)(a) or (6)(a), Florida Statutes (2006). Because Fortner was convicted of violating section 893.135(l)(b)(l)(a), Florida Statutes (2006), the trial court could not legally sentence her to drug offender probation. See, e.g., Anderson v. State, 941 So. 2d 446 (Fla. 4th DCA 2006) (holding that the imposition of drug offender probation for sale of cocaine constituted an illegal sentence under rule 3.800(a)). A sentencing error that can be preserved for appeal under rale 3.800(b)(2) is an error in [*1277] t…
  • Andrew v. State, 988 So. 2d 158 (Fla. 4th DCA 2008)
    …cted of an enumerated chapter 893 offense or he has specifically agreed to such probation in a plea agreement.” Ackermann v. State, 962 So. 2d 407, 408 (Fla. 1st DCA 2007) (reversing summary denial of rule 3.800(a) motion); accord Anderson v. State, 941 So. 2d 446 (Fla. 4th DCA 2006); Parker v. State, 839 So. 2d 736 (Fla. 1st DCA 2003); see also § 948.034, Fla. Stat. (2003). However, a court may impose special conditions of probation which are desirable for rehabilitation. Biller v. State, 618 So. 2d 734 (Fla…

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