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962 So. 2d 407

Docket No. 1D07-0059.

Ackermann v. State

Shane J. ACKERMANN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 14, 2007.

District Court of Appeal of Florida · decided 2007-08-14

Cited by 9 later decisions — most recently March 2019

9 state decisions

Key passage — most relied on by later courts

“A defendant may not be sentenced to drug-offender probation unless he has been convicted of an enumerated offense under Chapter 893 or he has specifically agreed to such conditions as part of a plea agreement.”

quoted by 3 later decisions, including Andrew v. State, Sparber v. State

“Based on Appellant's reply to the State's response to his motion, however, we know that Appellant pled guilty to this offense when he finally disclosed that he did in fact enter a negotiated plea. The trial court summarily denied Appellant's motion filed under Florida Rule of Criminal Procedure 3.800(a), and Appellant filed a notice of appeal. This court ordered the State to respond and to show cause”

quoted by 1 later decision, including Carson v. State

Relies on A.D.W. v. State · Parker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-08-14

View the full empirical analysis of this case →

¶1Shane Ackermann, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The appellant challenges the trial court's summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion, in which he asserts that he was improperly sentenced to drug offender probation although none of the underlying convictions were for offenses contained within chapter 893, Florida Statutes (2001). A defendant may not be sentenced to drug offender probation unless he has been convicted of an enumerated chapter 893 offense or he has specifically agreed to such probation in a plea agreement. See Parker v. State, 839 So.2d 736, 737 (Fla. 1st DCA 2003); A.D.W. v. State, 777 So.2d 1101, 1104 (Fla. 2d DCA 2001) (stating that a plea agreement is a contract and a party may waive any right to which he is legally entitled).

¶5We therefore reverse the trial court's order and remand for the court to attach records conclusively refuting the appellant's claim or, in the alternative, to resentence the appellant without the drug offender probation.

¶6REVERSED AND REMANDED.

¶7KAHN, WEBSTER, and ROBERTS, JJ., concur.

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