THE STATE OF FLORIDA, APPELLANT,
v.
SCOTT KETCHUM, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
SCOTT KETCHUM, APPELLEE
111 So. 3d 197
Florida District Court of Appeal, Third District (2013)
Positive Treatment
Cited by 4 cases
Opinion of the Court
The State of Florida appeals the trial court’s withhold of adjudication of the conviction against Scott Ketchum for one count of grand theft in the first degree; in violation of section 812.014(2)(a), Florida Statutes (2007). Section 775.08435, Florida Statutes (2007), prohibits a withhold of *198adjudication for first-degree felonies. Accordingly, we reverse the order withholding adjudication. Because the sentence was part of a plea offer by the trial court, Ketchum shall be offered the opportunity to withdraw his plea on remand.
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)…elony, 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). Accordingly, we reverse the trial court’s withhold of adjudication and remand for entry of an adjudication of guilt. REVERSED and REMANDED. GRIFFIN, PALMER and TORPY, JJ., concur. . Appellate review is authorized under r…
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State v. Abraheem First-Page, 118 So. 3d 959 (Fla. 5th DCA 2013)…8435(l)(a), Florida Statutes (2009), prohibits a court from [*960] withholding an adjudication of guilt upon a defendant who is found to have committed a first-degree felony. See State v. Foster, 114 So. 3d 422 (Fla. 5th DCA 2013); State v. Ketchum, 111 So. 3d 197 (Fla. 3d DCA 2013). The judgment and sentence are otherwise affirmed. AFFIRMED, in part; REVERSED, in part; and REMANDED for entry of an adjudication of guilt. PALMER, EVANDER and COHEN, JJ., concur. . Appellate review is authorized pursuant…