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: District Court of Appeal of Florida | Date Filed: 2024-09-06

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: Supreme Court of Florida | Date Filed: 2024-06-06

Snippet: on withholding adjudication— namely, sections 775.08435(1)(b) and (d), Florida Statutes (2023)— and to

STATE OF FLORIDA v. ROODY DHAITI

Court: District Court of Appeal of Florida | Date Filed: 2021-10-27

Snippet: State objected, and argued that under section 775.08435, Florida Statutes (2019), adjudication could not

STATE OF FLORIDA v. GABRIEL CHARLTON

Court: District Court of Appeal of Florida | Date Filed: 2020-12-16

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

STATE OF FLORIDA v. NELSON ERVIN

Court: District Court of Appeal of Florida | Date Filed: 2020-03-18

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: District Court of Appeal of Florida | Date Filed: 2019-05-22

Citation: 273 So. 3d 35

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

JESSICA SERNA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-02-20

Citation: 264 So. 3d 999

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

STATE OF FLORIDA v. TAMMARA ESTER

Court: District Court of Appeal of Florida | Date Filed: 2019-02-13

Citation: 264 So. 3d 979

Snippet: objection. This appeal followed. Section 775.08435(1)(d), Florida Statutes (2018),

JAMES WILLIAM BRAINE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-09-14

Citation: 255 So. 3d 470

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

State v. Bryant S. Rivera

Court: District Court of Appeal of Florida | Date Filed: 2018-07-02

Citation: 249 So. 3d 1314

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

STATE OF FLORIDA v. AMANDA MARIE DAHL

Court: District Court of Appeal of Florida | Date Filed: 2017-09-27

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: District Court of Appeal of Florida | Date Filed: 2017-01-13

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: District Court of Appeal of Florida | Date Filed: 2017-01-09

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: District Court of Appeal of Florida | Date Filed: 2016-12-21

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

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

State v. Valerie F. Platt

Court: District Court of Appeal of Florida | Date Filed: 2016-11-04

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: District Court of Appeal of Florida | Date Filed: 2016-05-27

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: District Court of Appeal of Florida | Date Filed: 2016-05-23

Citation: 200 So. 3d 137

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

State v. Richard

Court: District Court of Appeal of Florida | Date Filed: 2016-03-09

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: District Court of Appeal of Florida | Date Filed: 2014-02-21

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

State v. First-Page

Court: District Court of Appeal of Florida | Date Filed: 2013-08-09

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