STATE v. TEAGUE (2020)

District Court of Appeal of Florida, Fifth District.

STATE of Florida, Appellant, v. Joronjaye Leprino TEAGUE, Appellee.

Case No. 5D19-3677

Decided: August 28, 2020

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Victoria Rose Cordero, Assistant Public Defender, Daytona Beach, for Appellee.

ON CONCESSION OF ERROR

The State of Florida appeals the trial court's order granting Joronjaye Leprino Teague's motion for new trial. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(C). Both parties agree that the trial court did not have jurisdiction to hear and rule on the motion for new trial, and we treat Teague's motion to dismiss this appeal as a concession of error. Accordingly, we reverse the order granting new trial and remand for resentencing. At resentencing, the trial court should impose an adjudication of guilt on the fleeing and eluding charge and a withhold of adjudication on the drug possession charge. See State v. Teague, 275 So. 3d 828, 829 (Fla. 5th DCA 2019).

REVERSED and REMANDED.

PER CURIAM.

HARRIS, GROSSHANS, and TRAVER, JJ., concur.

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