Florida Statute 775.08435 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.08435

775.08435 Prohibition on withholding adjudication in felony cases.—

(1) Notwithstanding the provisions of s. 948.01, the court may not withhold adjudication of guilt upon the defendant for:

(a) Any capital, life, or first degree felony offense.

(b) A second degree felony offense unless:

1. The state attorney requests in writing that adjudication be withheld; or

2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.

Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense.

1. The state attorney requests in writing that adjudication be withheld; or

2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with s. 921.0026.

(d) A third degree felony offense if the defendant has a prior withholding of adjudication for a felony offense that did not arise from the same transaction as the current felony offense unless:

1. The state attorney requests in writing that adjudication be withheld; or

2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.

Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a third degree felony offense if the defendant has two or more prior withholdings of adjudication for a felony that did not arise from the same transaction as the current felony offense.

(2) This section does not apply to any adjudication or withholding of adjudication under chapter 985.

(3) The withholding of adjudication in violation of this section is subject to appellate review under chapter 924.

History.—s. 1, ch. 2004-60; s. 4, ch. 2017-156.

F.S. 775.08435 on Google Scholar

F.S. 775.08435 on Casetext

Amendments to 775.08435

Arrestable Offenses / Crimes under Fla. Stat. 775.08435

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.08435.

Annotations, Discussions, Cases:

Cases Citing Statute 775.08435

Total Results: 20

State of Florida v. Amber J. Coney

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: was statutorily precluded from doing so. See § 775.08435(1)(a), Fla. Stat. (2022). Accordingly, we reverse

Monique Haughton Worrell v. Ron D. DeSantis, Governor

Court: Fla. | Date Filed: 2024-06-06T00:00:00-07:00

Snippet: on withholding adjudication— namely, sections 775.08435(1)(b) and (d), Florida Statutes (2023)— and to…withholding adjudications, contravening sections 775.08435(1)(b) and (d), Florida Statutes. A facial

STATE OF FLORIDA v. ROODY DHAITI

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: section 775.08435 because the former is unequivocal and was enacted after section 775.08435. …provisions of section 775.08435. And, section 948.20 was enacted after section 775.08435, expressing the latest…State objected, and argued that under section 775.08435, Florida Statutes (2019), adjudication could not…appeals. The State continues to argue section 775.08435 prohibits the trial court from withholding adjudication…, 1289–90 (Fla. 5th DCA 2016). 2 Section 775.08435 provides: Notwithstanding any provision

STATE OF FLORIDA v. GABRIEL CHARLTON

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-15T23:53:00-08:00

Snippet: felony in violation of the plain text of section 775.08435(1)(d), Florida Statutes (2019). We agree and reverse…a withhold in a subsequent case under section 775.08435(1)(d). As the primary justification for an … Analysis Section 775.08435(1)(d) prohibits a court from withholding adjudication…graced with a withhold of adjudication, section 775.08435(1)(c) prohibits a second withhold of adjudication… of offenses is immaterial to trigger section 775.08435 (1)(d) and its concluding proviso, but a second

STATE OF FLORIDA v. NELSON ERVIN

Court: Fla. Dist. Ct. App. | Date Filed: 2020-03-18T00:53:00-07:00

Snippet: capital, life, or first degree felony offense.” § 775.08435(1)(a), Fla. Stat. (2019). Based on the statute

STATE OF FLORIDA v. CASEY HANSEN

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-22T00:53:00-07:00

Snippet: on probation where allowed by law); see also § 775.08435, Fla. Stat. (2015) (describing the felonies for…request from the state as required by sections 775.08435(1)(b)1. and 2., Florida Statutes (2015), and (… in Platt involved noncompliance with section 775.08435(1)(b)1. and 2., Florida Statutes, which makes

JESSICA SERNA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-19T23:53:00-08:00

Snippet: defense counsel argued that, based on section 775.08435, Florida Statutes, the trial court may withhold

STATE OF FLORIDA v. TAMMARA ESTER

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-12T23:53:00-08:00

Snippet: objection. This appeal followed. Section 775.08435(1)(d), Florida Statutes (2018), …emphasis added). Under the language of section 775.08435(1)(d), the trial judge in this case was prohibited…re-sentence the defendant in accordance with section 775.08435. See id. Reversed and remanded. CONNER and

JAMES WILLIAM BRAINE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-14T00:00:00-07:00

Citation: 255 So. 3d 470

Snippet: mitigating factors. § 775.08435(1)(c)(1), (2), Fla. Stat. (2016). Critically, section 775.08435 further constrains…amendment to section 775.08435 moved this provision location to section 775.08435(1)(d). Ch. 2017-156,…trial court's interpretation of section 775.08435(1), Florida Statutes (2016), in imposing sentences…for his third-degree felony offense. Section 775.08435(1)(c)(1) and (2)1, limits the trial court'…transaction as the current felony offense." § 775.08435(1). The trial court found two mitigating

State v. Bryant S. Rivera

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-02T00:53:00-07:00

Snippet: findings mandated by section 775.08435(1)(d)2. Section 775.08435(1), Florida Statutes, limits …withholding adjudication of guilt pursuant to section 775.08435, Florida Statutes (2017), or alternatively, by…the same transaction as the current felony. § 775.08435(1)(d), Fla. Stat. (2017). An exception exists …in section 921.0026, Florida Statutes. Id. § 775.08435(1)(d)1.‒2. However, the court cannot withhold…same transaction as the current offense. Id. § 775.08435(1)(d). The State also argues that the

STATE OF FLORIDA v. AMANDA MARIE DAHL

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-27T00:00:00-07:00

Citation: 227 So. 3d 744

Snippet: trial court erred in this case because section 775.08435(l)(a), Florida Statutes (2015), prohibits a court

State v. Ly

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-13T00:00:00-08:00

Citation: 208 So. 3d 330, 2017 Fla. App. LEXIS 290

Snippet: transaction as the current felony offense. See § 775.08435(1)(c)2, Fla. Stat. (2015); State v. Jean, 114

State v. Michael N. Ly

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-08T23:53:00-08:00

Snippet: transaction as the current felony offense. See § 775.08435(1)(c)2., Fla. Stat. (2015); State v. Jean, 114

Pacheco-Velasquez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 208 So. 3d 293, 2016 Fla. App. LEXIS 18681

Snippet: under section 775.08435(l)(a). The mandatory adjudication provision of section 775.08435(l)(a) is inapplicable…withhold of adjudication was prohibited by section 775.08435(l)(a), Florida Statutes (2013), and thus the judgment… Specifically, appellant asserts that section 775.08435(l)(a) required the trial court to adjudicate appellant…failure to comply with the requirements of section 775.08435(l)(b) does not constitute fundamental error when

State v. Valerie F. Platt

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-04T00:00:00-07:00

Citation: 203 So. 3d 194, 2016 Fla. App. LEXIS 16566

Snippet: appealed. 1 Pursuant to section 775.08435(l)(b)l., 2., Florida Statutes (2015), in order

Senger v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-27T00:00:00-07:00

Citation: 200 So. 3d 137, 2016 Fla. App. LEXIS 8060, 2016 WL 3030829

Snippet: solicita*145tion is a second-degree felony, section 775.08435, Florida Statutes (2011), provides that a court

Ramon D. Senger v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-23T00:53:00-07:00

Snippet: solicitation is a second-degree felony, section 775.08435, Florida Statutes (2011), provides that a court

State v. Richard

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-09T00:00:00-08:00

Citation: 197 So. 3d 1097, 2016 Fla. App. LEXIS 3557, 2016 WL 889172

Snippet: withholding adjudication of guilt in violation of s. 775.08435. (Emphasis added). The initial question

State v. Fureman

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-21T00:00:00-08:00

Citation: 161 So. 3d 403, 2014 Fla. App. LEXIS 2365, 2014 WL 656756

Snippet: with those set forth in [section] 921.0026.” § 775.08435(l)(b) 1., 2., Fla. Stat. (2011). Here, the prosecutors…make any written findings required by section 775.08435(l)(b)2. Accordingly, the lower court erred in

State v. First-Page

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-09T00:00:00-07:00

Citation: 118 So. 3d 959, 2013 WL 4029205, 2013 Fla. App. LEXIS 12421

Snippet: Appellee guilty.1 We reverse because section 775.08435(l)(a), Florida Statutes (2009), prohibits a court