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211 So. 3d 356

State v. Godil

District Court of Appeal of Florida

Decided February 24, 2017

District Court of Appeal of Florida · decided 2017-02-24

Cited by 1 later decisions — most recently May 2017

1 state decisions

Relies on 89 So. 3d 901 - Dunbar v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2017-02-24

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PER CURIAM.

¶1The State challenges the sentence imposed in this felony drug case in which the *357trial court withheld adjudication of guilt without placing Appellee on probation in violation of Florida Rule of Criminal Procedure B.670. Although Appellee properly concedes error on this point, he nevertheless argues that the judgment must be affirmed because the alteration of the sentence would violate constitutional double jeopardy principles. We reject Appellee’s double jeopardy argument. Because Appel-lee had no legitimate expectation of finality in the sentence, the double jeopardy clause does not bar the correction of the illegal sentence. Dunbar v. State, 89 So.3d 901, 905 (Fla. 2012).

¶2On remand, the trial judge shah either adjudicate Appellee guilty or impose probation.

¶3REVERSED AND REMANDED.

ORFINGER, TORPY and BERGER, JJ., concur.
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