STATE OF FLORIDA
v.
AMBER J. CONEY
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A trial court is statutorily precluded from withholding adjudication of guilt for tampering with a victim, witness, or informant in a felony second-degree proceeding, which constitutes a first-degree felony under Florida law.
[1] A trial court is statutorily prohibited from withholding adjudication of guilt for tampering with a victim, witness, or informant in a felony second-degree proceeding, wh…
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Join FLexlaw to unlock all legal intelligenceAmber J. Coney entered an open nolo contendere plea to conspiracy to commit tampering in a felony second-degree proceeding and tampering in a felony s…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2024-0223 LT Case No. 2022-102070-CFDL _____________________________
STATE OF FLORIDA,
Appellant,
v.
AMBER J. CONEY,
Appellee. _____________________________
On Appeal from the Circuit Court for Volusia County. Randell H. Rowe, III, Judge.
Ashley Moody, Attorney General, Tallahassee, and Mitchell E. Sanders, Assistant Attorney General, Daytona Beach, for Appellant.
No Appearance for Appellee.
September 6, 2024
PER CURIAM.
The State of Florida appeals the trial court’s withholding adjudication of guilt for Appellee Amber J. Coney’s crimes of conspiracy to commit tampering in a felony second-degree proceeding and tampering in a felony second-degree proceeding, as
Tampering with a victim, witness, or informant in a felony second-degree proceeding is a first-degree felony.2 The trial court erred in withholding an adjudication of guilt on this count because it was statutorily precluded from doing so. See § 775.08435(1)(a), Fla. Stat. (2022). Accordingly, we reverse the judgment and sentence on this count and remand the matter for further proceedings consistent with this opinion. The judgment and downward departure sentence are otherwise affirmed without further discussion.
AFFIRMED, in part; REVERSED, in part; REMANDED for further proceedings consistent with this opinion.
WALLIS, LAMBERT, and SOUD, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
1 We have jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P. 9.140(c)(1)(L)–(M).2 See § 914.22(1), (2)(c), Fla. Stat. (2022).