Florida Statute 775.8435 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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 CourtListener

Amendments to 775.08435

Annotations, Discussions, Cases:

Cases Citing Statute 775.08435

Total Results: 34

Exposito v. State

891 So. 2d 525, 2004 WL 2973860

Supreme Court of Florida | Filed: Dec 23, 2004 | Docket: 1704373

Cited 24 times | Published

adjudication of guilt in violation of newly created section 775.08435, Florida Statutes (2004). See ch.2004-60,

State v. Calvert

15 So. 3d 946, 2009 Fla. App. LEXIS 11253, 2009 WL 2465707

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1661020

Cited 7 times | Published

Calvert and in support of that request cites to section 775.08435(1)(b), Florida Statutes (2008), which states

State v. Jean

114 So. 3d 451, 2013 WL 2420485, 2013 Fla. App. LEXIS 8841

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231934

Cited 4 times | Published

court nevertheless withheld adjudication. Section 775.08435(l)(c) prohibits a court from withholding adjudication

State v. Cook

14 So. 3d 1155, 2009 Fla. App. LEXIS 8769, 2009 WL 1675716

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1157253

Cited 3 times | Published

adjudicate the defendant guilty, pursuant to section 775.08435(1)(c), Florida Statutes (2007). We agree and

State v. Barfield

995 So. 2d 1138, 2008 WL 5100547

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1286378

Cited 3 times | Published

adjudication withheld on a prior felony charge. § 775.08435, Fla. Stat. (2008). The State argued that the

State v. Fulmore

2 So. 3d 365, 2008 Fla. App. LEXIS 19374, 2008 WL 5352095

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 248455

Cited 2 times | Published

so under the applicable Florida statute. Section 775.08435(1)(c), Florida Statutes, provides that a trial

JAMES WILLIAM BRAINE v. STATE OF FLORIDA

255 So. 3d 470

District Court of Appeal of Florida | Filed: Sep 14, 2018 | Docket: 7877935

Cited 1 times | Published

the trial court's interpretation of section 775.08435(1), Florida Statutes (2016), in imposing sentences

State v. Ly

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

District Court of Appeal of Florida | Filed: Jan 13, 2017 | Docket: 60258216

Cited 1 times | Published

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

Senger v. State

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

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60294185

Cited 1 times | Published

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

State v. Fureman

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

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60247128

Cited 1 times | Published

with those set forth in [section] 921.0026.” § 775.08435(l)(b) 1., 2., Fla. Stat. (2011). Here, the prosecutors

State v. Foster

114 So. 3d 422, 2013 WL 2359077, 2013 Fla. App. LEXIS 8587, 38 Fla. L. Weekly Fed. D 1200

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231920

Cited 1 times | Published

concedes error, based upon the plain language of section 775.08435(l)(a), Florida Statutes (2012), which prohibits

State v. Good

30 So. 3d 661, 2010 Fla. App. LEXIS 3370, 2010 WL 934096

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 2540628

Cited 1 times | Published

drug felony charges as being in violation of section 775.08435(1)(c), Florida Statutes (2008). Because the

State v. Joseph

995 So. 2d 1182, 2008 WL 5263717

District Court of Appeal of Florida | Filed: Dec 19, 2008 | Docket: 2560229

Cited 1 times | Published

that the withhold of adjudication was error. Section 775.08435(1)(a) provides that a trial court may not

State v. Clayton

994 So. 2d 388, 2008 WL 4643367

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1667024

Cited 1 times | Published

by the trial court is invalid, we reverse. Section 775.08435, Florida Statutes (2007), provides in relevant

State of Florida v. Amber J. Coney

District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135344

Published

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

STATE OF FLORIDA v. ROODY DHAITI

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677198

Published

The State objected, and argued that under section 775.08435, Florida Statutes (2019), adjudication could

STATE OF FLORIDA v. GABRIEL CHARLTON

District Court of Appeal of Florida | Filed: Dec 16, 2020 | Docket: 18747989

Published

felony in violation of the plain text of section 775.08435(1)(d), Florida Statutes (2019). We agree and

STATE OF FLORIDA v. NELSON ERVIN

District Court of Appeal of Florida | Filed: Mar 18, 2020 | Docket: 16986306

Published

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

STATE OF FLORIDA v. CASEY HANSEN

273 So. 3d 35

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658406

Published

on probation where allowed by law); see also § 775.08435, Fla. Stat. (2015) (describing the felonies for

JESSICA SERNA v. STATE OF FLORIDA

264 So. 3d 999

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560234

Published

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

STATE OF FLORIDA v. TAMMARA ESTER

264 So. 3d 979

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549583

Published

State’s objection. This appeal followed. Section 775.08435(1)(d), Florida Statutes (2018)

State v. Bryant S. Rivera

249 So. 3d 1314

District Court of Appeal of Florida | Filed: Jul 2, 2018 | Docket: 7427982

Published

withholding adjudication of guilt pursuant to section 775.08435, Florida Statutes (2017), or alternatively

STATE OF FLORIDA v. AMANDA MARIE DAHL

227 So. 3d 744, 2017 WL 4280601

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159001

Published

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

State v. Michael N. Ly

District Court of Appeal of Florida | Filed: Jan 9, 2017 | Docket: 4571005

Published

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

Pacheco-Velasquez v. State

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

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555827

Published

withhold of adjudication was prohibited by section 775.08435(l)(a), Florida Statutes (2013), and thus the

State v. Valerie F. Platt

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

District Court of Appeal of Florida | Filed: Nov 4, 2016 | Docket: 4487373

Published

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

Ramon D. Senger v. State

200 So. 3d 137

District Court of Appeal of Florida | Filed: May 23, 2016 | Docket: 3069654

Published

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

State v. First-Page

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

District Court of Appeal of Florida | Filed: Aug 9, 2013 | Docket: 60233498

Published

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

State v. Garza

118 So. 3d 856, 2013 WL 3238112, 2013 Fla. App. LEXIS 10299

District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60233451

Published

■with those set forth in [section] 921.0026.” § 775.08435(l)(b)l., 2., Fla. Stat. (2011). Here, the prosecutors

State v. Ketchum

111 So. 3d 197, 2013 WL 440160, 2013 Fla. App. LEXIS 1744

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60230764

Published

section 812.014(2)(a), Florida Statutes (2007). Section 775.08435, Florida Statutes (2007), prohibits a withhold

State v. Pearson

47 So. 3d 915, 2010 Fla. App. LEXIS 16662, 2010 WL 4361508

District Court of Appeal of Florida | Filed: Nov 3, 2010 | Docket: 1273498

Published

previous withhold of adjudication for a felony. Section 775.08435, Florida Statutes (2009), provides that "no

State v. Lovings

1 So. 3d 1276, 2009 Fla. App. LEXIS 1240, 2009 WL 368586

District Court of Appeal of Florida | Filed: Feb 17, 2009 | Docket: 60224680

Published

court made written findings as specified in section 775.08435(l)(c), Florida Statutes. The prosecutor did

In re Amendments to Florida Rule of Appellate Procedure 9.140(c)(1)

901 So. 2d 109, 30 Fla. L. Weekly Supp. 231, 2005 Fla. LEXIS 614, 2005 WL 774382

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837994

Published

Fla. Chapter 2004-60, section 1, created section 775.08435, Florida Statutes, which prohibits the withholding

In re Amendments to the Florida Rules of Criminal Procedure

900 So. 2d 528, 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837890

Published

670 in response to the recent enactment of section 775.08435, Florida Statutes (2004).2 Under the Committee’s