Opinion
No. 89-3201.
December 19, 1990.
Appeal from the Circuit Court for Palm Beach County; James T. Carlisle, Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.
We reverse and remand for further proceedings in accord with section 849.25(2), Florida Statutes (1985). See Charatz v. State, 555 So.2d 1303 (Fla. 4th DCA 1990). We agree with the state that under section 849.25(2) the court could not withhold adjudication following appellee's plea of guilty. On remand, appellee should be afforded an opportunity to withdraw his plea.
ANSTEAD, LETTS and WALDEN, JJ., concur.