STATE V. KETCHUM

State: Florida

Court: Florida Third District Court

Docket No: 11-1281

Case Date: 02/06/2013

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2013
Opinion filed February 6, 2013. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-1281 Lower Tribunal No. 10-6966 ________________

The State of Florida,
Appellant, vs.

Scott Ketchum,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Sarah I. Zabel, Judge. Pamela Jo Bondi, Attorney General, and Shayne R. Burnham, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum, Assistant Public Defender, for appellee.

Before SHEPHERD and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge. PER CURIAM.

The State of Florida appeals the trial court's withhold of adjudication of the conviction against Scott Ketchum for one count of grand theft in the first degree, in violation of section 812.014(2)(a), Florida Statutes (2007). Section 775.08435, Florida Statutes (2007), prohibits a withhold of adjudication for first-degree felonies. Accordingly, we reverse the order withholding adjudication. Because the sentence was part of a plea offer by the trial court, Ketchum shall be offered the opportunity to withdraw his plea on remand. Reversed and remanded.

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