Ackermann v. State
| Decision Date | 14 August 2007 |
| Docket Number | No. 1D07-0059.,1D07-0059. |
| Citation | 962 So.2d 407 |
| Parties | Shane J. ACKERMANN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Shane Ackermann, pro se, Appellant.
Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.
The 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) ().
We 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.
REVERSED AND REMANDED.
To continue reading
Request your trial
-
Carson v. State, Case No. 1D09-5698 (Fla. App. 4/26/2010), Case No. 1D09-5698.
...of the appellant's claim that his drug offender probation is illegal should not be reversed and remanded," and cited Ackermann v. State, 962 So. 2d 407 (Fla. 1st DCA 2007) (holding that defendant may not be sentenced to drug offender probation unless he has been convicted of an enumerated c......
-
Senger v. State
...Second, Arias did not agree to sexual offender probation. We find that the present case is more analogous to Ackermann v. State, 962 So.2d 407, 408 (Fla. 1st DCA 2007), in which our sister court held that a defendant may not be sentenced to drug offender probation unless he has been convict......
-
Harris v. State
...DCA 2001) ; Haynes v. State, 106 So.3d 481 (Fla. 5th DCA 2013) ; Carter v. State, 104 So.3d 381 (Fla. 3d DCA 2012) ; Ackermann v. State, 962 So.2d 407 (Fla. 1st DCA 2007).KHOUZAM, MORRIS, and SLEET, JJ.,...
-
Toombs v. State, 2D14–2282.
...DCA 2003) ; A.D.W. v. State, 777 So.2d 1101 (Fla. 2d DCA 2001) ; Carter v. State, 104 So.3d 381 (Fla. 3d DCA 2012) ; Ackermann v. State, 962 So.2d 407 (Fla. 1st DCA 2007).ALTENBERND, VILLANTI, and BLACK, JJ.,...