316.656
Mandatory adjudication; prohibition against accepting plea to lesser included offense.
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316.656 Mandatory adjudication; prohibition against accepting plea to lesser included offense.—
(1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.
(2)(a) No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more.
(b) No trial judge may accept a plea of guilty to a lesser offense from a person charged with a violation of s. 316.193(3), manslaughter resulting from the operation of a motor vehicle, or vehicular homicide.
History.—s. 8, ch. 74-384; s. 1, ch. 77-174; s. 13, ch. 82-155; s. 10, ch. 83-228; s. 19, ch. 86-296; s. 5, ch. 91-255; s. 6, ch. 2005-119; s. 13, ch. 2008-176.
Note.—Former s. 322.281.
Notes of Decisions
Cited in 21
cases, 1984–2020 · leading case: State v. Gibron
State v. Gibron (1985)
“The state argues that the trial court ignored the dictates of section 316.656(1), Florida Statutes (1983), which prohibits the court from withholding adjudication of guilt for manslaughter resulting from the operation of a motor vehicle.”
State v. Curtin (2000)
“In this respect, it is analogous to section 316.656, Florida Statutes, which requires trial judges to adjudicate defendants guilty in certain cases.”
Line v. State (1998)
“(1997) ("Sentences imposed by trial court judges under the 1994 revised sentencing guidelines on or after January 1, 1994, must be within the 1994 guidelines unless there is a departure sentence with written findings.”
State v. Griffith (1989)
“The state argues, and Griffith concedes, that section 316.656, Florida Statutes (1985), precludes the trial court from withholding adjudication of guilt for any violation of section 316.”
State v. Whitaker (1991)
“The sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes the trial court to withhold adjudication of guilt for violations of section 316.”
State v. Rowell (1996)
“Section 316.656(1), Florida Statutes (1993), provides: "Notwithstanding the provisions of s.”
Sloan v. State (2004)
“) The trial court here stated it believed the youthful offender statute could not be used to circumvent mandatory adjudication for DUI under section 316.656(1), Florida Statutes (2002), which provides: (1) Notwithstanding the provisions of s.”
Florida Bar (1988)
“Withholding Adjudication Prohibited; When (a) Pursuant to the provisions of Section 316.656, Florida Statutes, no court shall suspend, defer, or withhold adjudication of guilt or the imposition of sentence for the offense of driving or being in actual physical control of a motor…”
State v. Coatney (1992)
“The state contends that section 316.656, Florida Statutes (1989), does not permit the trial court to withhold adjudication of guilt for any violation of section 316.”
State v. Line (1997)
“Section 316.656(1) provides as follows: “(1) Notwithstanding the provisions of s.”
State v. W.W. (2009)
“This is further evidenced by the prohibition, within section 316.656(1), of withholding adjudication upon conviction for driving under the influence.”
Pacheco-Velasquez v. State (2016)
“2d DCA 2004) (holding that the mandatory adjudication provision for one found guilty of DUI (§ 316.656(1), Fla. Stat.) is inapplicable where a defendant is sentenced as a youthful offender); State v.”
— 316.656(1) — 14 cases
State v. Gibron (1985)
“The state argues that the trial court ignored the dictates of section 316.656(1), Florida Statutes (1983), which prohibits the court from withholding adjudication of guilt for manslaughter resulting from the operation of a motor vehicle.”
State v. Rowell (1996)
“Section 316.656(1), Florida Statutes (1993), provides: "Notwithstanding the provisions of s.”
Sloan v. State (2004)
“) The trial court here stated it believed the youthful offender statute could not be used to circumvent mandatory adjudication for DUI under section 316.656(1), Florida Statutes (2002), which provides: (1) Notwithstanding the provisions of s.”
Line v. State (1998)
“(1997) ("Sentences imposed by trial court judges under the 1994 revised sentencing guidelines on or after January 1, 1994, must be within the 1994 guidelines unless there is a departure sentence with written findings.”
State v. Whitaker (1991)
“The sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes the trial court to withhold adjudication of guilt for violations of section 316.”
— 316.656(2)(b) — 1 case
State v. Whitaker (1991)
“The sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes the trial court to withhold adjudication of guilt for violations of section 316.”
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