DURBROW v. STATE (2022)

District Court of Appeal of Florida, Second District.

Chad Christopher DURBROW, Appellant, v. STATE of Florida, Appellee.

No. 2D21-596

Decided: March 30, 2022

Howard L. Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

After admitting a violation of probation, Chad Christopher Durbrow appeals an order modifying his probation for failure to register as a sexual offender and the resulting sentence as a violent felony offender of special concern. The State acknowledges that Durbrow reserved the right to appeal the sentencing issue but contends that the issue is not dispositive. See Fla. R. App. P. 9.140(b)(2)(A)(i). The State argues that we should not address the merits of the appeal or, alternatively, that Durbrow is not entitled to relief. Durbrow preserved the sentencing issue for appeal. See Fla. R. App. 9.140(b)(2)(A)(ii)d. As to the merits, the trial court did not err in sentencing Durbrow as a violent felony offender of special concern. Accordingly, we affirm the order modifying probation and the resulting sentence.

Affirmed.

SILBERMAN, Judge.

MORRIS, C.J., and VILLANTI, J., Concur.

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