State v. Lillo, 506 So. 2d 94 (Fla. 2d DCA 1987). · Go Syfert
State v. Lillo, 506 So. 2d 94 (Fla. 2d DCA 1987). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Harrison v. State (fladistctapp, 1988-04-12)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Harrison v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Peterson, 506 So.2d at 96 ; Brown v. State, 474 So.2d 346 (Fla. 1st DCA 1985).
Retrieving the full opinion text from the archive…
STATE of Florida
v.
Enso LILLO
No. 86-2092.
District Court of Appeal of Florida, Second District.
May 1, 1987.
506 So. 2d 94
Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary 0. Welch, Asst. Atty. Gen., Tampa, for appellant., James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellee.
Ryder, Sanderlin, Schoonover.
Cited by 1 opinion  |  Published
SANDERLIN, Judge.

In this appeal, the state contends that the trial court erred in withholding adjudication of guilt from the defendant’s judgment. We agree and reverse.

The defendant was charged with two counts of bookmaking, in violation of section 849.25, Florida Statutes (1985). He pleaded nolo contendere to the charges, with the understanding that adjudication would be withheld. The state objected, arguing that section 849.25(2) required an adjudication of guilt. Nevertheless, the trial court accepted the defendant’s plea, placed him on community control, and withheld adjudication of guilt.

Section 849.25(2) provides in pertinent part:

Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld.

It is clear that the term “convicted” as used in the statute also encompasses a plea of nolo contendere.

Accordingly, we reverse the defendant’s judgment, and remand for further proceedings where the defendant shall be given the opportunity to withdraw his plea.

RYDER, A.C.J., and SCHOONOVER, J., concur.