Willie D. McClain Jr. v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledDecember 18, 2020
Docket1D19-4590
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-4590
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WILLIE D. MCCLAIN JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Jackson County.
Wade Mercer, Judge.
December 18, 2020
PER CURIAM.
AFFIRMED. See Owens v. State, 303 So. 3d 993 (Fla. 1st DCA
2020) (holding that whether section 948.06(2), Florida Statutes
(2019), 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 section 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 section 948.06(2)(f)1.”).
RAY, C.J., and WINOKUR and JAY, 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, and Daren L. Shippy, Assistant
Attorney General, Tallahassee, for Appellee.
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