State v. Foster, 114 So. 3d 422 (Fla. 5th DCA 2013). · Go Syfert
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State v. Foster, 114 So. 3d 422 (Fla. 5th DCA 2013). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: STATE OF FLORIDA v. AMANDA MARIE DAHL (fladistctapp, 2017-09-27)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) STATE OF FLORIDA v. AMANDA MARIE DAHL
Fla. Dist. Ct. App. · 2017 · confidence medium
As Appellee concedes, the trial court erred in this case because section 775.08435(l)(a), Florida Statutes (2015), prohibits a court from withholding adjudication of guilt for “[a]ny capital, life, or first degree felony offense.” See also State v. Foster, 114 So.3d 422, 422 (Fla. 5th DCA 2013) (reversing trial court’s withhold of adjudication on a first degree felony, and remanding for an adjudication of guilt).
cited Cited "see" STATE OF FLORIDA v. NELSON ERVIN
Fla. Dist. Ct. App. · 2020 · signal: see · confidence high
See State v. Foster, 114 So. 3d 422, 422 (Fla. 5th DCA 2013).
cited Cited "see" State v. First-Page
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See State v. Foster, 114 So.3d 422 (Fla. 5th DCA 2013); State v. Ketchum, 111 So.3d 197 (Fla. 3d DCA 2013).
STATE of Florida
v.
Andrew Joseph FOSTER
No. 5D12-4131.
District Court of Appeal of Florida, Fifth District.
May 31, 2013.
114 So. 3d 422
Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant., Paula C. Coffman, and Jeffrey D. Deen, Office of Criminal Conflict & Civil Regional Counsel, Orlando, for Appellee.
Griffin, Palmer, Torpy.
Cited by 3 opinions  |  Published
PER CURIAM.

The State appeals the trial court’s order withholding adjudication on Andrew Joseph Foster’s first-degree felony conviction.[1] The withhold of adjudication was entered after Foster entered an open no-contest plea to the sale or possession of a controlled substance with intent to sell within 1000 feet of a school or child care facility. See § 402.302, Fla. Stat. (2010). Commendably, Foster concedes error, based upon the plain language of section 775.08435(l)(a), Florida Statutes (2012), which prohibits a court from withholding an adjudication of guilt upon a defendant who commits a first-degree felony, and State v. Joseph, 995 So.2d 1182 (Fla. 2nd DCA 2008) (recognizing that section 775.08435(l)(a) prohibits trial courts from withholding an adjudication of guilt on a defendant convicted of a first-degree felony). See also State v. Ketchum, 111 So.3d 197 (Fla. 3d DCA 2013).

Accordingly, we reverse the trial court’s withhold of adjudication and remand for entry of an adjudication of guilt.

REVERSED and REMANDED.

GRIFFIN, PALMER and TORPY, JJ., concur.
1

Appellate review is authorized under rule 9.140(c)(l)(L) of the Florida Rules of Appellate Procedure.