SHANE J. ACKERMANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion, in which he asserts that he was improperly sentenced to drug offender probation although none of the underlying convictions were for offenses contained within chapter 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 remand for the court to attach records conclusively refuting the appellant’s claim or, in the alternative, to resen-tence the appellant without the drug offender probation.
REVERSED AND REMANDED.
KAHN, WEBSTER, and ROBERTS, JJ., concur.
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Senger v. State, 200 So. 3d 137 (Fla. 5th DCA 2016)…two significant ways. First, unlike the present case, the trial court did not find Arias to be a sexual [*146] offender. Second, Arias did not agree to sexual offender probation. We find that the present case is more analogous to Ackermann v. State, 962 So. 2d 407, 408 (Fla. 1st DCA 2007), in which our sister court held .that a defendant may not be sentenced to drug offender probation unless he has been convicted of a specifically enumerated drug offense or has specifically agreed to such probation in a plea…
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Andrew v. State, 988 So. 2d 158 (Fla. 4th DCA 2008)…ender aspect of his probation. “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.” 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 m…
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Kingry v. State, 28 So. 3d 173 (Fla. 1st DCA 2010)…to be so designated is not con [*174] trolled by those cases which hold that one may not agree to an illegal sentence. See, e.g., Mobley v. State, 939 So. 2d 213, 214 (Fla. 1st DCA 2006). Rather, it is controlled by cases such as Ackermann v. State, 962 So. 2d 407, 408 (Fla. 1st DCA 2007) (stating that a defendant cannot be sentenced to drug offender probation unless he agrees to such as part of his plea bargain). See also Allen v. State, 642 So. 2d 815, 816 (Fla. 1st DCA 1994) (because an agreement to reimbu…
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- A.D.W. v. State, 777 So. 2d 1101 (Fla. 2d DCA 2001)
- Parker v. State, 839 So. 2d 736 (Fla. 1st DCA 2003)