775.08435
Prohibition on withholding adjudication in felony cases.
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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.
(c) A third degree felony that is a crime of domestic violence as defined in s. 741.28, 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 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.
Notes of Decisions
Cited in 34
cases (3 in the last 5 years), 2004–2024 · leading case: JAMES WILLIAM BRAINE v. STATE OF FLORIDA
JAMES WILLIAM BRAINE v. STATE OF FLORIDA (2018)
“Critically, section 775.08435 further constrains the trial court's authority: "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…”
State v. Calvert (2009)
“The State urges us to remand this matter to the trial court with instructions to adjudicate Calvert and in support of that request cites to section 775.08435(1)(b), Florida Statutes (2008), which states that: [T]he court may not withhold adjudication of guilt upon a defendant…”
Exposito v. State (2004)
“Most recently, the Legislature added subsection (1)(m), which allows the State to appeal an order withholding adjudication of guilt in violation of newly created section 775.08435, Florida Statutes (2004).”
State v. Cook (2009)
“” § 775.08435(1)(c), Fla. Stat. (2007). The only exceptions to this rule are when the prosecutor requests “in writing that adjudication be withheld” or if the “court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or…”
Senger v. State (2016)
“Senger acknowledges that because the charge of traveling after solicita *145 tion is a second-degree felony, section 775.08435, Florida Statutes (2011), provides that a court may not withhold an adjudication of guilt unless either the State requests it or the court makes written…”
State v. Bryant S. Rivera (2018)
“The State appeals Rivera’s sentence, arguing that the court erred by withholding adjudication of guilt pursuant to section 775.08435, Florida Statutes (2017), or alternatively, by withholding adjudication of guilt without placing Rivera on a term of probation under section 921.”
In re Amendments to the Florida Rules of Criminal Procedure (2005)
“670 in response to the recent enactment of section 775.08435, Florida Statutes (2004).”
State v. Fureman (2014)
“” § 775.08435(l)(b) 1., 2., Fla. Stat. (2011).”
State v. Fulmore (2008)
“Section 775.08435(l)(c), Florida Statutes, provides that a trial court may not withhold adjudication of guilt upon the defendant for a third degree felony if “the defendant has a prior withholding of adjudication for a felony offense that did not arise from the same transaction…”
State v. Barfield (2008)
“§ 775.08435, Fla. Stat. (2008). The State argued that the drug charges in Texas were felony charges, that Barfield received the equivalent of a withholding of adjudication under Texas law, and that withholding adjudication in Florida was therefore improper.”
State v. Foster (2013)
“Commendably, Foster concedes error, based upon the plain language of section 775.08435(l)(a), Florida Statutes (2012), which prohibits a court from withholding an adjudication of guilt upon a defendant who commits a first-degree felony, and State v.”
JESSICA SERNA v. STATE OF FLORIDA (2019)
“2 defense counsel argued that, based on section 775.08435, Florida Statutes, the trial court may withhold adjudication if there are mitigating circumstances such as those set forth in the downward departure statute (section 921.”
— 775.08435(1) — 3 cases
JAMES WILLIAM BRAINE v. STATE OF FLORIDA (2018)
“Critically, section 775.08435 further constrains the trial court's authority: "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…”
State v. Bryant S. Rivera (2018)
“The State appeals Rivera’s sentence, arguing that the court erred by withholding adjudication of guilt pursuant to section 775.08435, Florida Statutes (2017), or alternatively, by withholding adjudication of guilt without placing Rivera on a term of probation under section 921.”
— 775.08435(1)(a) — 3 cases
State v. Joseph (2008)
— 775.08435(1)(b) — 2 cases
State v. Calvert (2009)
“The State urges us to remand this matter to the trial court with instructions to adjudicate Calvert and in support of that request cites to section 775.08435(1)(b), Florida Statutes (2008), which states that: [T]he court may not withhold adjudication of guilt upon a defendant…”
— 775.08435(1)(c) — 5 cases
State v. Cook (2009)
“” § 775.08435(1)(c), Fla. Stat. (2007). The only exceptions to this rule are when the prosecutor requests “in writing that adjudication be withheld” or if the “court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or…”
JAMES WILLIAM BRAINE v. STATE OF FLORIDA (2018)
“Critically, section 775.08435 further constrains the trial court's authority: "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…”
State v. Calvert (2009)
“The State urges us to remand this matter to the trial court with instructions to adjudicate Calvert and in support of that request cites to section 775.08435(1)(b), Florida Statutes (2008), which states that: [T]he court may not withhold adjudication of guilt upon a defendant…”
State v. Ly (2017)
— 775.08435(1)(c)(1) — 1 case
JAMES WILLIAM BRAINE v. STATE OF FLORIDA (2018)
“Critically, section 775.08435 further constrains the trial court's authority: "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…”
— 775.08435(1)(d) — 5 cases
State v. Bryant S. Rivera (2018)
“The State appeals Rivera’s sentence, arguing that the court erred by withholding adjudication of guilt pursuant to section 775.08435, Florida Statutes (2017), or alternatively, by withholding adjudication of guilt without placing Rivera on a term of probation under section 921.”
JAMES WILLIAM BRAINE v. STATE OF FLORIDA (2018)
“Critically, section 775.08435 further constrains the trial court's authority: "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…”
— 775.08435(3) — 1 case
— 775.08435(l)(a) — 4 cases
State v. Foster (2013)
“Commendably, Foster concedes error, based upon the plain language of section 775.08435(l)(a), Florida Statutes (2012), which prohibits a court from withholding an adjudication of guilt upon a defendant who commits a first-degree felony, and State v.”
Pacheco-Velasquez v. State (2016)
State v. First-Page (2013)
— 775.08435(l)(b) — 5 cases
State v. Calvert (2009)
“The State urges us to remand this matter to the trial court with instructions to adjudicate Calvert and in support of that request cites to section 775.08435(1)(b), Florida Statutes (2008), which states that: [T]he court may not withhold adjudication of guilt upon a defendant…”
State v. Fureman (2014)
“” § 775.08435(l)(b) 1., 2., Fla. Stat. (2011).”
State v. Garza (2013)
State v. Valerie F. Platt (2016)
Pacheco-Velasquez v. State (2016)
— 775.08435(l)(c) — 4 cases
State v. Fulmore (2008)
“Section 775.08435(l)(c), Florida Statutes, provides that a trial court may not withhold adjudication of guilt upon the defendant for a third degree felony if “the defendant has a prior withholding of adjudication for a felony offense that did not arise from the same transaction…”
State v. Good (2010)
State v. Jean (2013)
State v. Lovings (2009)
— 775.08435(l)(e) — 3 cases
State v. Calvert (2009)
“The State urges us to remand this matter to the trial court with instructions to adjudicate Calvert and in support of that request cites to section 775.08435(1)(b), Florida Statutes (2008), which states that: [T]he court may not withhold adjudication of guilt upon a defendant…”
State v. Good (2010)
State v. Lovings (2009)
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