Florida District Courts of Appeal, 2015

Green v. State

Green v. State
Florida District Courts of Appeal · Decided October 15, 2015 · Benton, Lewis, Roberts
178 So. 3d 467; 2015 Fla. App. LEXIS 15318; 2015 WL 6016832 (Southern Reporter, Third Series)

Green v. State

Opinion of the Court

PER CURIAM.

The state properly concedes that appellant could not be sentenced to ten years of drug offender probation because he was not eligible to receive drug offender probation in this case. See § 948.20(1), Fla. Stat. (2014). Accordingly, we reverse the imposition of drug offender probation and remand with directions that the trial court resentence ■ appellant without imposing *468drug offender probation. We otherwise affirm appellant’s judgment and sentence without comment.

Affirmed in part, reversed in part, and remanded with directions.

ROBERTS, C.J. and LEWIS, J., concur; BENTON, J., dissents with opinion.

Dissenting Opinion

BENTON, J.,

dissenting.

I respectfully dissent. I would reverse appellant’s convictions on grounds the objection to Detective Lormil’s testimony as to what the victim’s body language communicated should have been sustained. Although I would not, therefore, reach the sentencing issue decided by the majority, I have no quarrel with the panel’s disposition of that issue.

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