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178 So. 3d 467

Green v. State

District Court of Appeal of Florida

Decided October 15, 2015

District Court of Appeal of Florida · decided 2015-10-15

Cited by 1 later decisions — most recently July 2016

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2015-10-15

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PER CURIAM.

¶1The state properly concedes that appellant could not be sentenced to ten years of drug offender probation because he was not eligible to receive drug offender probation in this case. See § 948.20(1), Fla. Stat. (2014). Accordingly, we reverse the imposition of drug offender probation and remand with directions that the trial court resentence ■ appellant without imposing *468drug offender probation. We otherwise affirm appellant’s judgment and sentence without comment.

¶2Affirmed in part, reversed in part, and remanded with directions.

ROBERTS, C.J. and LEWIS, J., concur; BENTON, J., dissents with opinion.
BENTON, J.,

¶3dissenting.

¶4I respectfully dissent. I would reverse appellant’s convictions on grounds the objection to Detective Lormil’s testimony as to what the victim’s body language communicated should have been sustained. Although I would not, therefore, reach the sentencing issue decided by the majority, I have no quarrel with the panel’s disposition of that issue.

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