STATE OF FLORIDA, APPELLANT,
v.
RAJAE DISHMAN, APPELLEE
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Rajae Dishman was charged with trafficking in cocaine. He entered an open no contest plea to the court and filed a motion for downward departure under the Florida Youthful Offender Act, section 958.011, et seq., Florida Statutes (2007). The trial court granted the motion and sentenced Dishman to two years in prison with a recommendation he be sent to boot camp, but withheld adjudication of guilt. The state appealed, arguing that the withholding of adjudication was error, since Dish-man was sentenced to more than 364 days of incarceration. We agree. See State v. Butler, 719 So.2d 344 (Fla. 4th DCA 1998). We vacate Dishman’s sentence and re*774mand the action to the trial court for re-sentencing in conformity "with this opinion.
GROSS, C.J., and FARMER, J., concur.
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Citator
Cited By
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Dep't OF Corr. v. State of Fla. & Jeverious Franklin, 113 So. 3d 950 (Fla. 5th DCA 2013)…e original sentences were illegal. It is improper, whether the sentence is pursuant to the Florida Youthful Offender Act1 or otherwise, to withhold adjudication of guilt when sentencing a defendant to the Department of Corrections. State v. Dishman, 5 So. 3d 773 (Fla. 4th DCA 2009); Switzer v. State, 940 So. 2d 1248 (Fla. 1st DCA 2006); State v. Davis, 721 So. 2d 1243 (Fla. 4th DCA 1998); State v. Oates, 610 So. 2d 522 (Fla. 2d DCA 1992). Based upon the resentencing, the State asserted that the issue had b…
Authorities Cited
- State v. Butler, 719 So. 2d 344 (Fla. 4th DCA 1998)