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STATE v. PEARSON

No. 3D09-2620.

47 So.3d 915 (2010)

The STATE of Florida, Appellant, v. Leon PEARSON, Appellee.

District Court of Appeal of Florida, Third District.

November 3, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General, and Linda S. Katz , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, and Harvey Sepler , Assistant Public Defender, for appellee.

Before RAMIREZ, C.J., and GERSTEN and ROTHENBERG, JJ.

RAMIREZ, C.J.

The State of Florida appeals the trial court's order withholding adjudication. The trial court erred when it imposed a withhold of adjudication for a second-degree felony where the defendant, Leon Pearson, had a previous withhold of adjudication for a felony. Section 775.08435, Florida Statutes (2009), provides that "no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication...

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