HOLLAND v. STATE (2021)

District Court of Appeal of Florida, First District.

Gregory Leonard HOLLAND, Appellant, v. STATE of Florida, Appellee.

No. 1D19-4278

Decided: February 25, 2021

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.

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).

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, 309 So. 3d 325 (Fla. 1st DCA Jan. 14, 2021) (Tanenbaum, J., concurring). That authority should be exercised only when absolutely necessary, with reluctance and caution.

Per Curiam.

Kelsey and M.K. Thomas, JJ., concur; Tanenbaum, J., concurs with an opinion.

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