5D08-617 State v. Leeroy Barfield

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-617

Case Date: 12/01/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2008

STATE OF FLORIDA, Appellant, v. LEEROY WAYNE BARFIELD, Appellee. ________________________________/ Opinion filed December 5, 2008 Appeal from the Circuit Court for Orange County, Bob Wattles, Judge. Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellee. Case No. 5D08-617

PLEUS, J. The State appeals the trial court's withholding of adjudication for three thirddegree felony charges against Leeroy Barfield. adjudication. Barfield was arrested at Orlando International Airport for possession of amphetamines, prescription drugs, and drug paraphernalia, and for attempting to We affirm the withholding of

destroy the evidence. He was charged with three third-degree felonies. Barfield failed to appear at his arraignment and was arrested several months later in Texas, also for amphetamine possession. Once the Texas case concluded, he returned to Florida and reached a plea agreement with the State. At the plea hearing, Barfield requested a withholding of adjudication on the charges. The State objected, arguing that under Florida law the trial court cannot withhold adjudication on a third-degree felony if the defendant has had adjudication withheld on a prior felony charge.

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