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STATE v. SYLVIO

No. 4D02-1271.

846 So.2d 1271 (2003)

STATE of Florida, Appellant, v. Joseph SYLVIO, Appellee.

District Court of Appeal of Florida, Fourth District.

June 11, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Iva Oza, Assistant Public Defender, West Palm Beach, for appellee.

POLEN, C.J.

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. Sylvio's trial counsel informed the court that Sylvio had been advised by his out-of-state counsel1 to request a withhold...

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