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4th DCA 17th Circuit Criminal Opinions

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OPINIONS RELEASED 12-24-08Gold - Reversed/Remanded    Because Fulmore had benefitted from a withholding of adjudication in a prior felony case, in order to withhold adjudication of guilt in the present case, the trial court was required by section 775.08435(1)(c), Florida Statutes, to provide written justification. Thus, we remand in order for the trial court to revisit its sentencing determination, and to provide legally sufficient written reasons if it is still inclined to withhold adjudication.Gates - Reversed/RemandedHere, the Department was not seeking to modify the probation order to require sexual offender registration, but to add electronic monitoring.  Because the court erred in modifying probation to include electronic monitoring outside the sixty-day period specified in Rule 3...continue to full post

Full post as published by JAABlog on December 26, 2008 (boomark / email).