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State v. Rivera

District Court of Appeal of Florida, Fifth District
Jan 21, 1997
686 So. 2d 679 (Fla. Dist. Ct. App. 1997)

Opinion

Nos. 95-2866, 95-3022.

December 20, 1996. Rehearing Denied January 21, 1997.

Appeal from the Circuit Court for Volusia County; Edwin P.B. Sanders, Judge.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin Compton Jones, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James T. Miller of Corse, Bell Miller, P.A., Jacksonville, for Appellee/Cross-Appellant.


ON MOTION FOR REHEARING

We grant the state's motion for rehearing and withdraw our earlier per curiam affirmance.

The state appeals the trial court's decision to withhold adjudication of guilt on the defendant's sentence for vehicular homicide. The defendant concedes that the trial court erred in withholding an adjudication of guilt. See § 316.656, Fla. Stat. (1995); State v. Coatney, 596 So.2d 499 (Fla. 1st DCA 1992). We reverse and remand to the trial court for the imposition of an adjudication of guilt.

With regard to the issues raised in the defendant's cross-appeal, we find no error and therefore, affirm.

AFFIRMED in part; REVERSED in part; and REMANDED.

PETERSON, C.J., and HARRIS and ANTOON, JJ., concur.


Summaries of

State v. Rivera

District Court of Appeal of Florida, Fifth District
Jan 21, 1997
686 So. 2d 679 (Fla. Dist. Ct. App. 1997)
Case details for

State v. Rivera

Case Details

Full title:STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE, v. ROBIN RIVERA…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 21, 1997

Citations

686 So. 2d 679 (Fla. Dist. Ct. App. 1997)