IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
STATE OF
Appellant,
Appeal No. CRC 05-25 APANO
UCN522005AP000025XXXXCR
v.
CHELSEY WEYAND
Appellee.
______________________________/
Opinion filed __________________.
Appeal from a sentence entered
by the
County Judge Thomas Freeman
C. Marie King, Esq.
Assistant State Attorney
Chelsey Weyand, Pro Se
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 possessing Lithium carbonate without a prescription. 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 case of 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.
DONE AND
ORDERED in Chambers at
this _____ day of September, 2005.
_____________________
David A. Demers
Circuit Judge
______________________
Robert J. Morris, Jr.
Circuit Judge
_______________________
Irene S. Sullivan
Circuit Judge
cc: State Attorney
Chelsey Weyand
Judge Freeman