STATE v. WINBUSH

No. 5D12-3660.

121 So.3d 1165 (2013)

STATE of Florida, Appellant, v. Robert Alton WINBUSH, Appellee.

District Court of Appeal of Florida, Fifth District.

September 20, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Shannon Timmann, Assistant Public Defender, Daytona Beach, for Appellee.


PALMER, J.

The State appeals the drug offender probation sentence imposed by the trial court on Robert Winbush. Determining that Winbush was not eligible to receive drug offender probation, we reverse.

Winbush pled nolo contendere to the crime of delivery of cannabis, in violation of section 893.13(1)(a)2 of the Florida Statutes (2011). At sentencing, Winbush scored 63 points on his sentencing scoresheet which translated to a sentencing range of between...

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