NELSON v. STATE

No. 4D08-3889.

16 So.3d 286 (2009)

Lee NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 26, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


GERBER, J.

This appeal presents the question of whether a defendant with prior non-drug felony convictions is eligible for an alternative sentence under section 948.20, Florida Statutes (2008). We answer yes, and remand for the circuit court to consider the defendant's motion for alternative sentencing.

The State charged the defendant with possession of cocaine under section 893.13(6)(a), Florida Statutes (2008), plus three misdemeanors. The defendant entered...

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