STATE OF FLORIDA, APPELLANT,
v.
ANDREW JOSEPH FOSTER, APPELLEE
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The State appeals the trial court’s order withholding adjudication on Andrew Joseph Foster’s first-degree felony conviction.1 The withhold of adjudication was entered after Foster entered an open no-contest plea to the sale or possession of a controlled substance with intent to sell within 1000 feet of a school or child care facility. See § 402.302, Fla. Stat. (2010). Commendably, 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).
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.
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Citator
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State v. Abraheem First-Page, 118 So. 3d 959 (Fla. 5th DCA 2013)…ate Appellee guilty.1 We reverse because section 775.08435(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.,…
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State v. Dahl, 227 So. 3d 744 (Fla. 4th DCA 2017)…llee concedes, the trial court erred in this case because section 775.08435(l)(a), Florida Statutes (2015), prohibits a court from withholding adjudication of guilt for “[a]ny capital, life, or first degree felony offense.” See also State v. Foster, 114 So. 3d 422, 422 (Fla. 5th DCA 2013) (reversing trial court’s withhold of adjudication on a first degree felony, and remanding for an adjudication of guilt). Further, the trial court lacked jurisdiction to enter its corrected sentencing order and amended judgm…
Authorities Cited
- State v. Ketchum, 111 So. 3d 197 (Fla. 3d DCA 2013)
- Whitchard v. State, 995 So. 2d 1182 (Fla. 3d DCA 2008)
- State v. Joseph, 995 So. 2d 1182 (Fla. 2d DCA 2008)