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STATE v. BLACKBURN

No. 4D07-431.

965 So.2d 231 (2007)

STATE of Florida, Appellant, v. Billy BLACKBURN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 25, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellee.

GROSS, J.

Billy Blackburn entered an open no contest plea to battery upon a person over the age of 65 in violation of sections 784.03(1) and 784.08(2)(c), Florida Statutes (2005). Over the state's objection, the trial court sentenced Blackburn as a youthful offender, withheld adjudication of guilt, and placed him on three years of probation.

The state relies on the language of section 784.08 to argue that the court erred in withholding adjudication. Section...

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