Gregory Leonard Holland v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 25, 2021
Docket1D19-4278
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-4278
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GREGORY LEONARD HOLLAND,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Jackson County.
Douglas Wade Mercer, Judge.
February 25, 2021
PER CURIAM.
AFFIRMED. See Owens v. State, 303 So. 3d 993, 994–95 (Fla.
1st DCA 2020) (holding that section 948.06(2)(f)1., Florida
Statutes, limits a trial court to modifying or continuing probation
or imposing a sentence of up to 90 days in county jail only when a
defendant meets all four of the conditions listed in that
subparagraph).
KELSEY and M.K. THOMAS, JJ., concur; TANENBAUM, J., concurs
with an opinion.
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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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TANENBAUM, J., concurring.
Affirmance here is correct based on the interpretation of
section 948.06(2)(f), Florida Statutes (2019), set out in Owens.
However, the authority of this court to read a statute that way
(interpreting a statutory term to have an opposite meaning) is very
narrow indeed. See Massey v. State, Case No. 1D19-4281, -- So. 3d
--, 2021 WL 128212 (Fla. 1st DCA Jan. 14, 2021) (Tanenbaum, J.,
concurring). That authority should be exercised only when
absolutely necessary, with reluctance and caution.
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Jessica J. Yeary, Public Defender, and Joel Arnold, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Adam Wilson and Benjamin L.
Hoffman, Assistant Attorneys General, Tallahassee, for Appellee.
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