STATE OF FLORIDA, APPELLANT,
v.
MICHAEL NGUYEN LY, APPELLEE
Explore caselaw by topic → Browse Felony Conviction cases and more on FLexlaw
The State appeals the trial court’s order withholding adjudication for Michael Nguyen Ly’s third-degree felony conviction. The withhold of adjudication was entered after Ly entered a guilty plea to possession of more than twenty grams of cannabis. The State correctly argues that the trial court erroneously withheld adjudication for the third-degree felony because Ly had two or more prior withholdings of adjudication for felonies that did not arise from the same transaction as the current felony offense. See § 775.08435(1)(c)2, Fla. Stat. (2015); State v. Jean, 114 So.3d 451, 452 (Fla. 4th DCA 2013); State v. Cook, 14 So.3d 1155, 1156 (Fla. 4th DCA 2009).
Accordingly, we reverse that portion of the judgment and sentence withholding adjudication for the third-degree felony and remand for resentencing.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
TORPY, EVANDER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Charlton (Fla. 4th DCA 2020)
Authorities Cited
- State v. Cook, 14 So. 3d 1155 (Fla. 4th DCA 2009)
- State v. Jean, 114 So. 3d 451 (Fla. 4th DCA 2013)