IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
v. Appeal No. CRC 05-8 APANO
MATTHEW G. EMPEY
Opinion filed ________________.
Appeal from a sentence
entered by the Pinellas County Court
Thomas Freeman, County Court Judge
Gregory Goger, Esq.
Assistant State Attorney
Richard Watts, Esq.
Attorney for appellee
ORDER AND OPINION
THIS MATTER is before the Court on the State’s appeal from a sentence entered by the Pinellas County Court. After reviewing the briefs and record, this Court reverses the sentence.
The defendant pleaded guilty to a criminal mischief charge. 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.
Subsequent to the
sentence being imposed, the other appellate panel of this Court entered its Opinion
in State v. Lindner, No. CRC 05-5 APANO, (
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.
AND ORDERED in Chambers at
Nancy Moate Ley
R. Timothy Peters
John A. Schaefer
cc: State Attorney