County Criminal Court: CRIMINAL LAW – Sentencing – When a trial court withholds adjudication, it must also impose probation pursuant to statute and rule. Sentence reversed. State v. Burford, No. CRC 05-24 APANO, (Fla. 6th Cir.App.Ct. Sept. 21, 2005).

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

STATE OF FLORIDA

 

            Appellant,

 

Appeal No. CRC 05-24 APANO

UCN522005AP000024XXXXCR

v.

 

PATRICIA C. BURFORD

 

            Appellee.

______________________________/

 

Opinion filed __________________.

 

Appeal from a sentence entered

by the Pinellas County Court

County Judge Thomas Freeman

 

Greg Groger, Esq.

Assistant State Attorney

 

Kenneth Hadley, Esq.

Attorney for appellee

ORDER AND OPINION

 

            THIS MATTER is before the Court on the State’s appeal from a sentence imposed by the Pinellas County Court. After reviewing the briefs and record, this Court reverses the sentence.

            The defendant pleaded guilty to a charge of fraudulent use of a credit card. 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 that sentence, claiming that it is unlawful. Defense counsel has acknowledged the State’s argument is well-taken.

Subsequent to the sentence being imposed, the case of  State v. Lindner, No. CRC 05-5 APANO, (Fla. 6th Cir. App. Ct. July 8, 2005) was entered. In Lindner the Court explained that if a defendant is given a withhold of adjudication, the law requires that the defendant also be placed on probation. Therefore, the sentence imposed by the trial court was in error.

            IT IS THEREFORE ORDERED that the sentence is reversed, and this case is remanded to the trial court for resentencing in accordance with this Order and Opinion.           

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida

 

this _____ day of September, 2005.

 

 

                                                                                                _____________________

                                                                                                        Nancy Moate Ley

                                                                                                        Circuit Judge

 

                                                                                   

 

                                                                                                ______________________

                                                                                                        R. Timothy Peters

                                                                                                         Circuit Judge

 

 

 

                                                                                                _______________________

                                                                                                            John A. Schaefer

                                                                                                            Circuit Judge

 

cc:   State Attorney

 

         Kenneth Hadley, Esq.

 

         Judge Freeman