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STATE v. CHARLTON

No. 4D20-276.

308 So.3d 653 (2020)

STATE of Florida, Appellant, v. Gabriel CHARLTON, Appellee.

District Court of Appeal of Florida, Fourth District.

December 16, 2020.

Attorney(s) appearing for the Case

Ashley Moody , Attorney General, Tallahassee, and Alexandra A. Folley , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Timothy Wang , Assistant Public Defender, West Palm Beach, for appellee.

The State appeals from a final order withholding an adjudication of guilt on a third-degree felony charge. It argues that the trial court impermissibly withheld adjudication on the third-degree felony in violation of the plain text of section 775.08435(1)(d), Florida Statutes (2019). We agree and reverse.

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