(DOWNLOAD) "State v. Sylvio" by In The District Court Of Appeal Of The State Of Florida Fourth District January Term 2003 # Book PDF Kindle ePub Free
eBook details
- Title: State v. Sylvio
- Author : In The District Court Of Appeal Of The State Of Florida Fourth District January Term 2003
- Release Date : January 11, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Joseph Sylvio pled guilty to possession of cocaine, a third degree felony. § 893.13(6)(a), Fla. Stat. (2002). The State had offered Sylvio an adjudication with 184 days in jail and credit for 184 days time served, but Sylvio rejected the offer. The matter proceeded to a plea hearing and sentencing. Sylvios trial counsel informed the court that Sylvio had been advised by his out-of-state counsel to request a withhold instead of an adjudication. The trial court sentenced Sylvio to a "withhold and waive." The State objected, questioning whether the sentence was legal since the court had not also placed Sylvio on probation. We agree with the States contention and find the sentence meted out below was not authorized by the law. As noted above, this issue has been preserved for appellate review. Cf. State v. Hewitt, 702 So. 2d 633, 636 (Fla. 1st DCA 1997) (States argument that trial court erred in withholding adjudication without also ordering probation, did not attempt to establish the sentence was "illegal," but rather that it was unauthorized by the law, and thus had to be preserved; on the facts, court found this argument had not been preserved for appellate review).
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