STATE v. JEAN

No. 4D12-1979.

114 So.3d 451 (2013)

STATE of Florida, Appellant, v. Brian JEAN, Appellee.

District Court of Appeal of Florida, Fourth District.

June 5, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Laura Fisher , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Dea Abramschmitt , Assistant Public Defender, West Palm Beach, for appellee.


MAY, C.J.

The State appeals the defendant's sentence where the trial court withheld adjudication on the defendant's third felony drug charge. The defendant concedes error. We reverse.

The State charged the defendant with possession of cocaine. Prior to this charge, the defendant had been sentenced for possession of cocaine and delivery of cocaine. In each instance, adjudication had been withheld. No one disputes these facts.

At sentencing, the defense...

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