ROBERT WHITCHARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT WHITCHARD, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
995 So. 2d 1182
Florida District Court of Appeal, Third District (2008)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Based on the State’s proper confession of error, we reverse the order granting in part, and denying in part, the defendant’s motion to correct illegal sentence. We remand the cause to the trial court pursuant to Langdon v. State, 947 So. 2d 460, 461 (Fla. 3d DCA 2007). On remand, the court shall attach portions of the record to refute defendant’s allegations and shall issue an order clarifying the relief granted.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Foster, 114 So. 3d 422 (Fla. 5th DCA 2013)…bly, Foster concedes error, based upon the plain language of section 775.08435(l)(a), Florida Statutes (2012), which prohibits a court from withholding an adjudication of guilt upon a defendant who commits a first-degree felony, and State v. Joseph, 995 So. 2d 1182 (Fla. 2nd DCA 2008) (recognizing that section 775.08435(l)(a) prohibits trial courts from withholding an adjudication of guilt on a defendant convicted of a first-degree felony). See also State v. Ketchum, 111 So. 3d 197 (Fla. 3d DCA 2013). Accord…
Authorities Cited
- Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)