IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
STATE OF
Appellant,
Appeal No. CRC 05-10 APANO
UCN522005AP000010XXXXCR
v. (Consolidated with)
Appeal No. CRC 05-12 APANO
UCN522005AP000012XXXXCR
LE HUU LAI
Appellee.
______________________________/
Opinion filed __________________.
Appeal from a sentence entered
by the
County Judge Thomas Freeman
Greg Groger, Esq.
Assistant State Attorney
Le Huu Lai, Pro Se
ORDER AND OPINION
THIS MATTER is before the Court on the State’s appeal from two sentences imposed by the Pinellas County Court. After reviewing the briefs and record, this Court reverses the sentences.
The defendant pleaded no contest to charges of possession of undersized sea trout. The trial court withheld adjudication. Over the objection of the State, the trial court refused to place the defendant on probation. The State has appealed those sentences, claiming that they are unlawful.
Subsequent to the
sentences being imposed, the case of State
v. Lindner, No. CRC 05-5 APANO, (
IT IS THEREFORE ORDERED that the sentences are reversed, and these cases are remanded to the trial court for resentencing in accordance with this Order and Opinion.
DONE AND
ORDERED in Chambers at
this _____ day of September, 2005.
_____________________
Nancy Moate Ley
Circuit Judge
______________________
R. Timothy Peters
Circuit Judge
_______________________
John A. Schaefer
Circuit Judge
cc: State Attorney
Le Huu Lai
Judge Freeman