STATE OF FLORIDA, APPELLANT,
v.
TAJUANA IONA GIBSON, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in withholding adjudication for aggravated battery with a firearm, as it violated a mandatory sentencing statute.
Defendant pleaded nolo contendere to aggravated battery with a firearm, and the trial court withheld adjudication and placed the defendant on probatio…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Withheld Adjudication cases and more on FLexlaw
PER CURIAM.
The defendant in this case entered a plea of nolo contendere to a charge of aggravated battery by use of a firearm. After hearing from the victim of the battery who said that the defendant was justified under the circumstances in shooting him, the court withheld adjudication of guilt and placed defendant on probation for one year. The state then pursued an appeal in this court.
We first note that the state cannot appeal the order of the trial court under Section 924.07, Florida Statutes (1975). State v. Wilcox, 351 So. 2d 89 (Fla.2d DCA 1977). However, we choose to treat the state’s appeal as a petition for certiorari, and we grant certiorari because we believe that the trial court departed from the essential requirements of the law.
The crime with which the state charged appellant is one of those covered by the mandatory sentencing statute, Section 775.087(2), Florida Statutes (1975). Under this section a trial court may not withhold adjudication or suspend sentence and must sentence a defendant to a term of at least three years in prison. Therefore, we must vacate the order of the trial court and remand the case to the trial court for further proceedings consistent with this opinion. However, nothing we have' said here should be construed as preventing the trial court from allowing the defendant to withdraw her plea.
HOBSON, A. C. J., and GRIMES and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Pettis, 520 So. 2d 250 (Fla. 1988)…eview of interlocutory order in criminal proceeding); State v. Dumas, 363 So. 2d 568 (Fla. [*257] 3d DCA 1978), cert. denied, 372 So. 2d 471 (1979) (grants common law certiorari review of interlocutory order in criminal proceeding); State v. Gibson, 353 So. 2d 670 (Fla. 2d DCA 1978) (treating state appeal of nonappealable order under section 924.07 as petition for certiorari and granting review); State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977) (treating state appeal of nonappealable order under section 924.…
-
Hollis Jones v. State, 477 So. 2d 566 (Fla. 1985)…ded Storage v. Ades, 152 Fla. 482, 12 So. 2d 164 (1943); Kilgore v. Bird, 149 Fla. 520, 6 So. 2d 541 (1942); State ex rel. Bludworth v. Kapner, 394 So. 2d 541 (Fla. 4th DCA 1981); State v. Farmer, 384 So. 2d 311 (Fla. 5th DCA 1980); State v. Gibson, 353 So. 2d 670 (Fla. 2d DCA 1978); State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977); State ex rel. Wainwright v. Booth, [*568] 291 So. 2d 74 (Fla. 2d DCA 1974); State v. Coyle, 181 So. 2d 671 (Fla. 2d DCA 1966); Boucher v. Pure Oil Co., 101 So. 2d 408 (Fla. 1st D…
-
State v. G.P., 429 So. 2d 786 (Fla. 3d DCA 1983)…restrictive jurisdiction by certiorari than that provided under the 1957 version. . Without reason or authority, the courts, in State v. Williams, 237 So. 2d 69 (Fla. 2d DCA 1970), State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977), State v. Gibson, 353 So. 2d 670 (Fla. 2d DCA 1978), State v. Farmer, 384 So. 2d 311 (Fla. 5th DCA 1980), determined that certiorari was the proper remedy where the state had no right to appeal. . But for the fact that this court, in State v. C.C., supra, has recently decided this…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977)