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208 So. 3d 330

State v. Ly

District Court of Appeal of Florida

Decided January 13, 2017

District Court of Appeal of Florida · decided 2017-01-13

Relies on State v. Cook · 114 So. 3d 451 - State v. Jean

Decided 2017-01-13

PER CURIAM.

¶1The State appeals the trial court’s order withholding adjudication for Michael Nguyen Ly’s third-degree felony conviction. The withhold of adjudication was entered after Ly entered a guilty plea to possession of more than twenty grams of cannabis. The State correctly argues that the trial court erroneously withheld adjudication for the third-degree felony because Ly had two or more prior withholdings of adjudication for felonies that did not arise from the same transaction as the current felony offense. See § 775.08435(1)(c)2, Fla. Stat. (2015); State v. Jean, 114 So.3d 451, 452 (Fla. 4th DCA 2013); State v. Cook, 14 So.3d 1155, 1156 (Fla. 4th DCA 2009).

¶2Accordingly, we reverse that portion of the judgment and sentence withholding adjudication for the third-degree felony and remand for resentencing.

¶3AFFIRMED, in part; REVERSED, in part; and REMANDED.

TORPY, EVANDER and BERGER, JJ., concur.
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