Florida/Georgia Personal Injury & Workers Compensation

...nt. II. Court Ordered Drug Treatment There are three avenues in which the trial court may order a probationer to complete a drug treatment program: (1) as a special condition of ordinary probation; (2) as a condition of drug offender probation under section 948.20, Florida Statutes (2005); or (3) as part of a "treatment based drug court program" under section 397.334, Florida Statutes (2005)....

...thin this chapter, the Legislature created a specific scheme to address defendants who are "chronic substance abusers," by authorizing trial courts to "stay and withhold the imposition of sentence and place the defendant on drug offender probation." § 948.20, Fla....

...and their status as chronic substance abusers." Id. at 24. As defined by statute, drug offender probation is "a form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans." § 948.001(4), Fla. Stat. (2005). This is mirrored in section 948.20, which mandates that the Department of Corrections develop and administer a drug offender probation program which emphasizes a combination of treatment and intensive community supervision approaches and which includes provision for supervision of offenders in accordance with a specific treatment plan....

...Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered. § 948.20(1), Fla....

...of addiction and aware that at times circumstances make it difficult for the defendant to comply, as many of the above-mentioned Second District cases demonstrate. IV. This Case In this case, Lawson was placed on drug offender probation pursuant to section 948.20, which required him to be evaluated and complete a treatment program....

...s "a form of intensive supervision . . . with individualized treatment plans." Indeed, participation in, and completion of, specialized treatment plans developed by the Department of Corrections is a primary component of drug offender probation. See § 948.20(1), Fla....

...Phillips, Assistant Attorney General, Daytona Beach, and Elizabeth C. King, Attorney, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellee. MONACO, J. This appeal causes us to examine section 948.20, Florida Statutes (2004), concerning the imposition by the trial court of a placement for drug offender probation for crimes involving the delivery of a controlled substance and possession of a controlled substance with intent to sell or deliver....

...Roper's lowest permissible sentence without departure under the Criminal Punishment Code was 17.925 months in state prison. At the request of Mr. Roper, however, the trial court determined that Mr. Roper was a chronic drug user, and placed him on drug offender probation for five years. The trial judge read section 948.20 and the case of Jones v. State, 813 So.2d 22 (Fla.2002), to authorize the non-prison placement. The state appeals. We have jurisdiction. See Rule 9.140(c)(1)(L), Fla. R.App. P. Section 948.20 reads in pertinent part: If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s....

...Lazo, 761 So.2d 1244 (Fla. 2d DCA 2000). As Mr. Roper pled guilty to charges involving delivery of cocaine and possession of cocaine with intent to sell or deliver, in violation of section 893.13(1)(a)(1), it appears that the *624 trial court was not authorized to use section 948.20 in sentencing....

...The Criminal Punishment Code requires a sentencing court to impose not less than the lowest permissible sentence calculated on the scoresheet, unless there is evidence that supports a valid reason for a downward departure. See State v. Tyrrell, 807 So.2d 122, 125 (Fla. 5th DCA 2002). Section 948.20 does not provide a basis in the present case for sentencing below the minimum calculated....

...conditions were special in nature despite being called Drug Offender Probation Standard Conditions. The State responds that the challenged conditions were not special conditions and were standard conditions under Florida Statutes sections 948.03 and 948.20, and consequently did not require oral pronouncement prior to being reduced to a written order....

...The general conditions enumerated in section 948.03 do not include the financial responsibility for drug testing, drug treatment, and curfew conditions set forth in the Drug Offender Probation Standard Conditions. These challenged conditions are also not found in Rule 3.986(e). Additionally, Florida Statutes section 948.20, formerly Florida Statutes section 948.01(13), addressing drug offender probation, does not statutorily mandate these conditions. Section 948.20(1) provides only that: "Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other t...

...Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee. GERBER, J. This appeal presents the question of whether a defendant with prior non-drug felony convictions is eligible for an alternative sentence under section 948.20, Florida Statutes (2008)....

...The State charged the defendant with possession of cocaine under section 893.13(6)(a), Florida Statutes (2008), plus three misdemeanors. The defendant entered a no contest plea to the court on the charges. During the plea colloquy, the defendant moved for alternative sentencing under section 948.20, Florida Statutes (2008), which states: If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s....

...trol, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered. (2) Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06. *288 § 948.20, Fla....

...[1] The defendant expressed that, if the circuit court denied the motion, the defendant would reserve the right to appeal that denial. The circuit court, relying on State v. Langdon, 978 So.2d 263 (Fla. 4th DCA 2008), denied the motion, finding that the defendant was ineligible for an alternative sentence under section 948.20 because he had prior non-drug felony convictions....

...all counts and sentenced him to thirty-six months in prison on the cocaine charge and time served on the misdemeanors. The defendant appeals, arguing that the circuit court erred in finding the defendant ineligible for an alternative sentence under section 948.20 because he had prior non-drug felony convictions....

...Sigler, 967 So.2d 835, 841 (Fla.2007) ("[J]udicial interpretation of statutes ... are pure questions of law subject to the de novo standard of review."). We agree with the defendant that the circuit court erred in finding the defendant ineligible for an alternative sentence under section 948.20 because he had prior non-drug felony convictions....

...obation under section 948.034 if the defendant has not previously been convicted of a non-drug felony. Id. at 264-65 (citing § 893.13(10) and (11), Fla. Stat.). Section 893.13 does not prohibit a court from considering an alternative sentence under section 948.20 if the defendant has been convicted of a non-drug felony....

...Nor does any other statute contain such a prohibition. The circuit court erred by imposing such a prohibition in this case, requiring *289 that this court reverse the judgment and sentence. On remand, the circuit court shall reconsider the defendant's motion for alternative sentencing under section 948.20's plain language....

...Rather, the circuit court retains the discretion to decide the defendant's motion under the statute's terms. Reversed and remanded. DAMOORGIAN and LEVINE, JJ., concur. NOTES [1] Although not material to this opinion, the Legislature, in 2009, amended the first paragraph of section 948.20 as follows: If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s....

...or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. As used in this section, the term `nonviolent felony' means a third-degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08. § 948.20, Fla....

...sentence. We reverse and remand with respect to one of his three points. Anderson argues that the trial court was not authorized to impose drug offender probation in connection with count one, sale of cocaine, as such is contrary to Florida Statutes section 948.20....

...ng a forged instrument in case number 03-18904, and acting in the capacity of a contractor without a license [2] in case number 03-03751, created illegal sentences because these offenses are not enumerated in the drug offender probation statute. See § 948.20, Fla....

...Section 948.034 does contain some discretionary terms of probation for offenders convicted of certain drug offenses. However, the section is titled "Terms and conditions of probation; community residential drug punishment centers," and the term "drug offender" does not appear anywhere within its text. On the other hand, section 948.20 is plainly titled "Drug offender probation." Consequently, we hold that the legal consequence of the trial *102 judge's pronouncement of "drug offender supervision" was imposition of those terms of probation as set forth in section 948.20, not section 948.034. Of all of Mr. Horne's convictions, only his two convictions for possession of a controlled substance are eligible for drug offender probation under section 948.20....

...A claim that counsel was ineffective in failing to file a rule 3.800(b)(2) motion to correct sentencing error when the sentence imposed is not authorized by law is cognizable in a petition alleging ineffective assistance of counsel. See Agosto-Molina v. State, 933 So.2d 26, 27-28 (Fla. 2d DCA 2006). Section 948.20, Florida Statutes (2006), authorizes drug offender probation for chronic drug abusers whose criminal conduct is a violation of sections 893.13(2)(a) or (6)(a), Florida Statutes (2006)....

...The trial judge was not required to give the parties additional time to conclude their plea negotiations, particularly where jury selection was set to begin. *916 We do agree, however, that the trial court erred by placing Redmond on ten years drug offender probation for the offense of the delivery of cocaine. Section 948.20, Florida Statutes (2005), authorizes drug offender probation for violations of section 893.13(2)(a) or (6)(a), which prohibit the purchase or possession of certain controlled substances....

...encing range of between 26.25 months’ and five years’ imprisonment, but he requested that the trial court impose a term of drug offender probation instead of a prison sentence. The drug offender statute reads, in relevant part, as follows: *1166 948.20....

...ication of guilt. In either ease, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a post adjudicatory treatment-based drug court program if the defendant otherwise qualifies. § 948.20, Fla....

...(Count II), and battery on a law enforcement officer (Count III). He raises two issues on appeal: first, that the trial court improperly imposed drug offender probation on Count III, as there was insufficient evidence that Powell qualified as a "chronic substance abuser" under section 948.20, Florida Statutes (2015); and second, that his sentence on Count II contains a scrivener's error....

...the statutorily enumerated categories of offenses for which drug offender probation could be imposed." We disagree. See State v. Hearns, 961 So. 2d 211, 219 (Fla. 2007) ("[Battery on a law enforcement officer] is not a forcible felony under section 776.08."); § 948.20(1), Fla....

...h restricted caseloads." § 948.001(4), Fla. Stat. (2004) (emphasis added). A court may place a defendant on drug offender probation if "the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a)." § 948.20, Fla....

...As the supreme court has explained, however, "[t]here are three avenues in which the trial court may order a probationer to complete a drug treatment program: (1) as a special condition of ordinary probation; (2) as a condition of drug offender probation under section 948.20, Florida Statutes (2005); or (3) as part of a `treatment based drug court program' under section 397.334, Florida Statutes (2005)." Lawson v....

...We reject Appellant’s various arguments for reversal of the conviction without further discussion. However, we agree with Appellant, and the State has conceded, that the trial court erred by placing Appellant on drug offender probation.2 Section 948.20(1), Florida Statutes (2014), sets forth the specific circumstances under which a defendant may be placed on drug offender probation....

...uthorized, he could only be placed on drug offender probation following his open plea if he committed a nonviolent felony as defined in this statute and his Criminal Punishment Code scoresheet total sentence points were sixty points or fewer. See § 948.20(1), Fla....

...utes (1991), requires judges choose the construction that favors the defendant). [5] We note that the 18-month drug offender probation sentence Crews received for possession of cocaine was permissible. See § 948.01(13), Fla. Stat. (2002) (currently § 948.20, Fla....

...He claims his attorney should have challenged the legality of his drug offender probation. We agree. Jackson was convicted of possession of cocaine with intent to sell, which is not one of the enumerated offenses for which drug offender probation can be imposed under section 948.20, Florida Statutes (2007)....

...A court may place a defendant on drug offender probation if “the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a) [prohibiting the purchase or possession of certain controlled substances], or other nonviolent felony.” § 948.20(1), Fla....

...e treatment as a special condition to probation since the record reflects the connection between the commission of the crimes and the defendant's substance use. Id. Reverse and Remand. POLEN and GERBER, JJ., concur. NOTES [1] Effective July 1, 2009, section 948.20, Fla....

...2d DCA 1996) (reducing grand theft conviction to petit theft where there was no record evidence of the value of the stolen property). Sutton also argues that the trial court erred in placing him on drug offender probation because burglary and grand theft are not among the enumerated offenses under section 948.20, Florida Statutes (2010). We disagree. Section 948.20 was amended in 2009....

...lony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08. Sutton was charged in 2011 with the third-degree felony of burglary in violation of section 810.02, Florida Statutes (2010). Because, section 948.20 specifically includes third-degree felonies under chapter 810 in its definition of nonviolent felonies, and Sutton’s scoresheet reflects a total of 24.8 points, it was within the trial judge’s discretion to sentence Sutton to drug...

...total sentence points lowest permissible prison sentence in months If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the Dn defendant into a treatment-based drug court program. · The maximum sentence is up to the statutory maximum for the primary and any additional offenses as provided in s....

...Appellant was charged with one count of possession of cocaine and one count of possession of drug paraphernalia, and pled no contest to the charges. The circuit court accepted the plea, denied appellant's motion for alternative sentencing under Florida Statutes section 948.20 (drug offender probation) and sentenced appellant to 37.2 months in prison. The State concedes, and we agree, that the circuit court erred in failing to consider the motion for alternative sentencing for the circuit court's stated reason that appellant was "not eligible" for alternative sentencing under section 948.20 since he had prior non-felony drug convictions. In Nelson v. State, 16 So.3d 286 (Fla. 4th DCA 2009) (Nelson I ), another case involving this same defendant, this court recently clarified that a defendant with prior non-felony convictions is eligible for alternative sentencing under section 948.20. Id. As in Nelson I, we reverse the sentence and remand so that the circuit court may reconsider appellant's motion for alternative sentencing under the plain language of section 948.20....

...A little bit of statutory construction and the rule of lenity are at issue in the State’s appeal of the defendant’s sentence. The State argues the trial court erred by withholding adjudication and placing the defendant on drug offender probation, pursuant to section 948.20(1), Florida Statutes (2019), because the defendant had previously received three prior withholds of adjudication. We disagree and affirm. The State charged the defendant with possession of Alprazolam, a third-degree felony. 1 The defendant pleaded no contest and moved for alternative sentencing under section 948.20, Florida Statutes (2019), the drug offender probation statute. At the plea colloquy, the defendant testified he used Xanax on multiple occasions and began abusing Percocet after his brother died....

...and cannabis, but these charges are irrelevant to this appeal. amenable to getting treatment and “staying clean” on probation. Defense counsel asked the court to withhold adjudication and place the defendant on drug offender probation. He argued section 948.20 allowed the court to do so if it found the defendant was a chronic substance abuser....

...withheld adjudication, and imposed two years of drug offender probation. The State now appeals. The State continues to argue section 775.08435 prohibits the trial court from withholding adjudication where the defendant has received two or more prior withholds. It argues that section 948.20 is not an exception to the rule....

...If the Legislature had intended to make an exception, it would have done so clearly and unequivocally. The defendant responds the issue is not preserved as the State provided no evidence of the defendant’s prior withholds. Alternatively, if the merits of the State’s argument are reached, section 948.20 controls over section 775.08435 because the former is unequivocal and was enacted after section 775.08435. The defendant further argues the State’s interpretation of section 948.20 would render the statute superfluous, and the rule of lenity mandates that statutory language subject to differing constructions be construed in the accused’s favor. We have de novo review of this legal issue....

...2d 1205 (Fla. 4th DCA 2005). 2  defendant has two or more prior withholdings of adjudication for a felony that did not arise from the same transaction as the current felony offense. § 775.08435(1)(d), Fla. Stat. (2019) (emphasis added). Section 948.20(1) allows the court to withhold adjudication and place a defendant on drug offender probation if “the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a) [prohibiting the purchase or possession of certain controlled substances], or other nonviolent felony.” § 948.20(1), Fla....

...(2019). That statute specifically provides: “the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies.” Id. The State suggests that section 948.20(1) does not trump section 775.08435 because the latter clearly mandates that adjudication cannot be withheld on a third-degree felony if the defendant previously received two or more withholds. The defendant responds section 948.20(1)’s specific provisions control over the general provisions of section 775.08435. Section 948.20(1) is the last expression of legislative intent because it was amended after section 775.08435....

...either adjudge the defendant guilty or stay and withhold the adjudication of guilt; and, in either case, it may stay and withhold the imposition of sentence and place the defendant on drug offender probation.” Section 948.01(13) was renumbered as section 948.20 in 2004 and became effective on July 1, 2004....

...more general sentencing guidelines. See id. Here too, allowing the trial court to withhold and impose drug offender probation is consistent with strong policy considerations that treatment is the most effective way to rehabilitate a chronic substance abuser like the defendant. Section 948.20’s specific provision covering drug offender probation controls over the general provisions of section 775.08435. And, section 948.20 was enacted after section 775.08435, expressing the latest in legislative intent. Lastly, “[t]he rules of statutory construction require courts to strictly construe criminal statutes, and ....

...y General, Tallahassee, for Appellee. 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....

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....

...total sentence points lowest permissible prison sentence in months If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant into a treatment-based drug court program. The maximum sentence for each individual felony offense is the statutory maximum as provided in s....

...Finding merit with regard to only claim two, we reverse the denial as to that claim and remand for the trial court to conduct an evidentiary hearing regarding Appellant's trial counsel’s failure to present evidence relevant to Appellant’s history of substance abuse, which would qualify him for sentencing pursuant to section 948.20, Florida Statutes (2013)....

...__ total sentence points lowest permissible prison sentence in months If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant into a treatment-based drug court program. The maximum sentence for each individual felony offense is up to the statutory maximum for the primary and any additional offenses as provided in s....

...Egber, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Eric Ross entered a no contest plea to 2006 and 2007 possession of cocaine charges filed in three lower court case numbers. He then sought the imposition *464 of an alternative sentence pursuant to section 948.20, Florida Statutes (2007), [1] authorizing the trial court to withhold the imposition of sentence and to place the defendant on "drug offender probation" if the defendant is "a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a)." The State insisted Ross's multiple prior, non-drug felony convictions precluded the imposition of sentence under section 948.20, relying upon State v....

...tatutes. The trial court accepted the State's argument and denied Ross's motion for alternative sentencing. Ross appealed. Subsequent to the imposition of sentence, this court held that Langdon does not control the imposition of sentence pursuant to section 948.20 and that a defendant's prior, non-drug felony convictions do not bar the imposition of a drug offender probation sentence under section 948.20....

...State, 16 So.3d 286 (Fla. 4th DCA 2009); see also State v. Cox, 19 So.3d 1183 (Fla. 4th DCA 2009); Nelson v. State, 17 So.3d 911 (Fla. 4th DCA 2009). We thus reverse the trial court's denial of Ross's motion for imposition of an alternative sentence pursuant to section 948.20 and remand the case so that the trial court may reconsider the matter. Reversed and Remanded. WARNER, POLEN and STEVENSON, JJ., concur. NOTES [1] Effective July 1, 2009, section 948.20 was amended....

...total sentence points lowest permissible prison sentence in months If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant into a treatment-based drug court program. The maximum sentence for each individual felony offense is the statutory maximum as provided in s....

...total sentence points lowest permissible prison sentence in months If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant into a treatment-based drug court program. The maximum sentence for each individual felony offense is the statutory maximum as provided in s....

...________ total sentence points lowest permissible prison sentence in months If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant into a treatment-based drug court program. -7-  The maximum sentence for each individual felony offens...

receive drug offender probation. See § 948.20 Fla. Stat. (2014); Green v. State,

...nviction and sentence. We reverse the order of the trial court, holding that a defendant whose criminal conduct is in •violation of section 893.13(2)(a) or (6)(a), Florida Statutes (2009), is not barred from obtaining an alternative sentence under section 948.20(1), Florida Statutes (2009), if his Criminal Punishment Code score-sheet total sentence points exceed fifty-two....

...on 893.03(2)(a)(4), Florida Statutes (2008), and section 893.13(6)(a), Florida Statutes (2008). His Criminal Punishment Code (CPC) scoresheet tallied 78.4 points. He pled no contest to the charges and filed a motion for an alternative sentence under section 948.20, Florida Statutes (2009)....

...after July 1, 2009, and notwithstanding s. 921.0024 the defendant’s Criminal Punishment Code scoresheet total sentence points are 52 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. § 948.20(1), Fla....

...921.0024 the defendant’s Criminal Punishment Code scoresheet total sentence points are 52 points or fewer,” would apply only to offenders who committed a nonviolent felony on or after July 1, 2009. This is McGrill’s interpretation of the statute. Having decided that section 948.20, Florida Statutes (2009), is inherently ambiguous, we turn to traditional tools of statutory interpretation....

...Blanton, 887 So.2d at 1224 . “[L]egislative intent is the polestar that guides a court’s statutory construction analysis.” McLean v. State, 934 So.2d 1248, 1258-59 (Fla.2006) (alteration in original) (citations omitted). Prior to its amendment in 2009, section 948.20 made no mention of a defendant’s criminal score sheet: If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt; and, in either case, it may stay and withhold the imposition of sentence and place the defendant on drug offender probation. § 948.20, Fla....

...nviolent felony offenders. If the legislature had intended that all offenders seeking an alternative sentence have a CPC score-sheet totaling fifty-two points or fewer, then it would have excised any language regarding section 893.13 when it amended section 948.20....

...Additionally, “the rule of lenity requires that when language of a statute is susceptible of differing constructions, it must be construed most favorably to the accused.” State v. Hunter, 65 So.3d 1123, 1126 (Fla. 4th DCA 2011) (Warner, J., concurring) (citing § 775.021(1), Fla. Stat. (2008)). Section 948.20(1), when constructed in the light most favorable to the accused, does not require that a defendant *133 whose criminal conduct is in violation of section 893.13(6)(a) have a CPC scoresheet totaling fifty-two points or fewer. 1 Our opinion should not be interpreted as holding that all offenders who seek an alternative sentence under section 948.20(1), and whose criminal conduct is in violation of s....

...We hold only that McGrill’s scoresheet does not bar him from obtaining an alternative sentence; it is simply a factor the trial court should consider before deciding whether or not to impose an alternative sentence. See Nelson, 16 So.3d at 289 . POLEN, STEVENSON, and TAYLOR, JJ., concur. . The Florida Legislature amended section 948.20 in 2011 by changing the score sheet total sentence point requirement from 52 to 60. § 948.20(1), Fla....

...ce.1 He argues that his sentence of drug offender probation is unlawful because his offense of resisting an officer with violence did not qualify for drug offender probation. We agree and reverse and remand for further proceedings. Section 948.20(1), Florida Statutes (2014), provides when a trial court may place a defendant on drug offender probation: If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s....

...amended version of drug offender statute "specifically include[d] third-degree felonies under chapter 810 in its definition of nonviolent felonies"). Moreover, Orr's offense does not constitute a nonviolent felony as that term is defined in section 948.20(1)....

...either offering to do violence or actually doing it." Walker v. State, 965 So. 2d 1281, 1284 (Fla. 2d DCA 2007). Thus, resisting an officer with violence is a forcible felony, and it therefore does not constitute a nonviolent felony that qualifies for drug offender probation under section 948.20(1). The State argues that even if Orr's offense does not qualify for drug offender probation, the trial court was authorized to impose drug offender probation because it is an alternative to the sentencing guidelines....

...lines" and that the laws prohibiting downward departure sentences based on substance abuse or addiction do not apply when the trial court chooses to impose drug offender probation for a qualifying offense). The State contends that the language of section 948.20(1) applies only when the trial court imposes drug offender probation in lieu of a sentence, not when the trial court imposes such probation in addition to a jail or prison sentence. This argument is not supported by Jones or the language in section 948.20, which authorizes the trial court to impose drug offender probation only under certain circumstances for qualifying offenses....

...State, 969 So. 2d 222, 231 (Fla. 2007) ("There are three avenues in which the trial court may order a probationer to complete a drug treatment program: (1) as a special condition of ordinary probation; (2) as a condition of drug offender probation under section 948.20, Florida Statutes (2005); or (3) as part of a 'treatment based drug court program' under section 397.334, Florida Statutes (2005)."). Accordingly, we reverse the portion of Orr's sentence imposing drug offender probation for the offense of resisting an officer with violence....

...al conditions that it deems appropriate. See Redmond v. State, 970 So. 2d 915, 916 (Fla. 5th DCA 2007) (holding that trial court was not authorized to impose drug offender probation for the offense of delivery of cocaine under the 2005 version of section 948.20 but that on remand, the trial court may impose regular probation with "special conditions as it deems appropriate[,] provided that they are reasonably related to the offense and promote the...

...Of those ten years of probation, the first five years were to be “felony drug offender probation,” and the next five were to be “regular probation.” Folsom did not appeal. Later, however, he filed a motion with the trial court that asserted the drug-offender probation was illegal because it was not authorized by section 948.20, Florida Statutes (2021), for an offense as serious as his. The trial court denied that motion, and we have that denial before us on appeal.  According to Folsom’s motion, he had over 300 points on his sentencing scoresheet, making him ineligible for the drug-offender probation under the statute. Cf. § 948.20(1), Fla....

...For the probation he challenges to be cognizable as “illegal” under Florida Rule of Criminal Procedure 3.800(a), it must constitute punishment “that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances.” Carter v. State, 786 So. 2d 1173, 1181 (Fla. 2001). Section 948.20(1) is permissive: Under the stated circumstances, the trial court may impose drug-offender probation in lieu of a sentence of incarceration....

...Winbush involved a direct appeal by the State after the trial court imposed drug offender probation in lieu of a prison sentence, even though the lowest permissible sentence was 26.25 months in prison. The defendant in that case did not qualify under section 948.20 for such a substitute sentence, and the appellate court found that reversible error in the context of direct review of the sentence....

...me, and this appeal comes here pursuant to Florida Rule of Appellate Procedure 9.141, with respect to denial of a motion under rule 3.800(a). Our scope of review here is much more narrow. 4 offender probation. See § 948.20(1), Fla....