IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STATE OF FLORIDA,
Appellant,
v. Case No. 5D16-488
MOIZ A. GODIL,
Appellee.
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Opinion filed February 24, 2017
Appeal from the Circuit Court
for Orange County,
Alan S. Apte, Judge.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Deborah A. Chance,
Assistant Attorney General, Daytona
Beach, for Appellant.
James S. Purdy, Public Defender, and Noel
A. Pelella, Assistant Public Defender,
Daytona Beach, for Appellee.
PER CURIAM.
The State challenges the sentence imposed in this felony drug case in which the
trial court withheld adjudication of guilt without placing Appellee on probation in violation
of Florida Rule of Criminal Procedure 3.670. Although Appellee properly concedes error
on this point, he nevertheless argues that the judgment must be affirmed because the
alteration of the sentence would violate constitutional double jeopardy principles. We
reject Appellee’s double jeopardy argument. Because Appellee had no legitimate
expectation of finality in the sentence, the double jeopardy clause does not bar the
correction of the illegal sentence. Dunbar v. State, 89 So. 3d 901, 905 (Fla. 2012).
On remand, the trial judge shall either adjudicate Appellee guilty or impose
probation.
REVERSED AND REMANDED.
ORFINGER, TORPY and BERGER, JJ., concur.
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