The 2023 Florida Statutes (including Special Session C)
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. . . adjudication of guilt if the judge places the defendant on probation where allowed by law); see also § 775.08435 . . . adjudication of guilt for the offense without a written request from the state as required by sections 775.08435 . . . As mentioned above, one of the arguments raised in Platt involved noncompliance with section 775.08435 . . .
. . . At trial, defense counsel argued that, based on section 775.08435, Florida Statutes, the trial court . . .
. . . Section 775.08435(1)(d), Florida Statutes (2018), states: "Notwithstanding any provision of this section . . . Under the language of section 775.08435(1)(d), the trial judge in this case was prohibited from withholding . . . the sentence and remand for the trial court to re-sentence the defendant in accordance with section 775.08435 . . .
. . . He now challenges the trial court's interpretation of section 775.08435(1), Florida Statutes (2016), . . . Section 775.08435(1) restricts the court's discretion to withhold adjudication. . . . ." § 775.08435(1) (emphasis added). Mr. . . . Section 775.08435(1) limits the availability of withholds for repeat felony offenders. . . . A 2017 amendment to section 775.08435 moved this provision location to section 775.08435(1)(d). . . .
. . . Rivera's sentence, arguing that the court erred by withholding adjudication of guilt pursuant to section 775.08435 . . . Section 775.08435(1), Florida Statutes, limits the power of the trial court to withhold adjudication. . . . adjudication for a felony offense that did not arise from the same transaction as the current felony. § 775.08435 . . . Id. § 775.08435(1)(d) 1.-2. . . . Id. § 775.08435(1)(d). . . .
. . . As Appellee concedes, the trial court erred in this case because section 775.08435(l)(a), Florida Statutes . . .
. . . See § 775.08435(1)(c)2, Fla. Stat. (2015); State v. . . .
. . . Offender judgment and sentence, contending that a withhold of adjudication was prohibited by section 775.08435 . . . Specifically, appellant asserts that section 775.08435(l)(a) required the trial court to adjudicate appellant . . . which would under other circumstances render a withhold of adjudication impermissible under section 775.08435 . . . The mandatory adjudication provision of section 775.08435(l)(a) is inapplicable to, and does not supersede . . . address the State's additional arguments: that the failure to comply with the requirements of section 775.08435 . . .
. . . Pursuant to section 775.08435(l)(b)l., 2., Florida Statutes (2015), in order to withhold adjudication . . .
. . . acknowledges that because the charge of traveling after solicitation is a second-degree felony, section 775.08435 . . .
. . . (m) An order withholding adjudication of guilt in violation of s. 775.08435. (Emphasis added). . . .
. . . .” § 775.08435(l)(b) 1., 2., Fla. Stat. (2011). . . . request a withhold of adjudication, and the judge failed to make any written findings required by section 775.08435 . . .
. . . We reverse because section 775.08435(l)(a), Florida Statutes (2009), prohibits a court from withholding . . .
. . . .” § 775.08435(l)(b)l., 2., Fla. Stat. (2011). . . .
. . . Section 775.08435(l)(c) prohibits a court from withholding adjudication on a third-degree felony offense . . . Despite the court’s findings, section 775.08435(l)(c) prohibits the trial court from withholding adjudication . . . sentence and remand the case to the trial court to re-sentence the defendant in accord with section 775.08435 . . .
. . . Commendably, Foster concedes error, based upon the plain language of section 775.08435(l)(a), Florida . . . Joseph, 995 So.2d 1182 (Fla. 2nd DCA 2008) (recognizing that section 775.08435(l)(a) prohibits trial . . .
. . . Section 775.08435, Florida Statutes (2007), prohibits a withhold of adjudication for first-degree felonies . . .
. . . (m) An order withholding adjudication of guilt in violation of s. 775.08435. (2) An appeal under this . . .
. . . Section 775.08435, Florida Statutes (2009), provides that “no adjudication of guilt shall be withheld . . .
. . . withholding adjudication on the two third degree drug felony charges as being in violation of section 775.08435 . . . State recommended that the defendant be adjudicated and objected to a withhold pursuant to section 775.08435 . . . But this is not what section 775.08435(l)(c) provides. . . . Section 775.08435(l)(e) prohibits a court from withholding adjudication of guilt upon a defendant for . . . Simply put, the State failed to provide sufficient evidence for section 775.08435(l)(c) to be applied . . .
. . . trial court with instructions to adjudicate Calvert and in support of that request cites to section 775.08435 . . . Failing to comply with the requirements of section 775.08435(l)(b), Fla. . . . Similar to section 775.08435(l)(b), Fla. . . . In Fulmore, the error involved section 775.08435(l)(e), Fla. . . . The erroneous withholding of adjudication without providing written reasons pursuant to section 775.08435 . . .
. . . It argues the trial court erred in refusing to adjudicate the defendant guilty, pursuant to section 775.08435 . . . for a felony offense that did not arise from the same transaction as the current felony offense.” § 775.08435 . . . reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.” § 775.08435 . . . which crime occurred first, once a defendant has been graced with a withhold of adjudication, section 775.08435 . . .
. . . unless requested by the prosecutor or unless the court made written findings as specified in section 775.08435 . . . the court should either enter an adjudication of guilt or make the necessary findings under section 775.08435 . . .
. . . Section 775.08435(l)(c), Florida Statutes, provides that a trial court may not withhold adjudication . . . order to withhold adjudication of guilt in the present case, the trial court was required by section 775.08435 . . .
. . . Section 775.08435(1)(a) provides that a trial court may not withhold adjudication of guilt for “[a]ny . . .
. . . . § 775.08435, Fla. Stat. (2008). . . . to determine whether withholding of adjudication on a felony in another state suffices under section 775.08435 . . . As described above, section 775.08435 provides that adjudication of guilt cannot be withheld on a felony . . .
. . . Section 775.08435, Florida Statutes (2007), provides in relevant part: (1) [T]he court may not withhold . . . defendant argues that despite the trial court’s failure to provide written reasons as required by section 775.08435 . . .
. . . Chapter 2004-60, section 1, created section 775.08435, Florida Statutes, which prohibits the withholding . . . See § 775.08435(1), (3), Fla. Stat. (2004). . . . New subdivision (L) was added to (c)(1) in response to the Florida legislature’s enactment of section 775.08435 . . .
. . . The Committee also proposes an amendment to rule 3.670 in response to the recent enactment of section 775.08435 . . . Section 775.08435, Florida Statutes, which was created by chapter 2004-60, section 1, Laws of Florida . . . In order to avoid any inconsistency with section 775.08435, we amend rule 3.670, as proposed by the Committee . . . Amended to conform with section 775.08435, Florida Statutes (2004), effective July 1, 2004 (ch. 2004- . . .
. . . (m) An order withholding adjudication of guilt in violation of s. 775.08435. (2) An appeal under this . . . the State to appeal an order withholding adjudication of guilt in violation of newly created section 775.08435 . . .