Jason O'Neal Hewett v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 14, 2020
Docket1D20-0267
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-267
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JASON O’NEAL HEWETT,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Jackson County.
Wade Mercer, Judge.
October 14, 2020
PER CURIAM.
AFFIRMED. See Owens v. State, 1D20-540, 45 Fla. L. Weekly
D2011a (Fla. 1st DCA Aug. 25, 2020) (holding that whether section
948.06(2), Florida Statutes, applies to a defendant who committed
an offense before the statute was amended, when imposing
sentence for a violation of probation, a trial court is limited under
subsection 948.06(2)(f)1. to modifying or continuing probation or
imposing a sentence of up to 90 days in county jail only when a
defendant “meet[s] all four conditions of subsection
948.06(2)(f)1.”). *
* We decline to address Appellant’s argument, raised for the
first time on appeal, that he satisfies all four criteria set forth in
subsection 948.06(2)(f)1., Florida Statutes (2019). Appellant
ROWE, WINOKUR, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Joel Arnold, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Benjamin Louis Hoffman,
Assistant Attorney General, and Adam B. Wilson, Assistant
Attorney General, Tallahassee, for Appellee.
conceded below that he did not satisfy sub-subparagraph d. of the
statute because he had a previous probation violation.
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