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Florida Statute 775.08435 | Lawyer Caselaw & Research
F.S. 775.08435 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 775.08435

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
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.

(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.

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 from cite.case.law:

STATE v. HANSEN,, 273 So. 3d 35 (Fla. App. Ct. 2019)

. . . 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 . . .

SERNA, v. STATE, 264 So. 3d 999 (Fla. App. Ct. 2019)

. . . At trial, defense counsel argued that, based on section 775.08435, Florida Statutes, the trial court . . .

STATE v. ESTER,, 264 So. 3d 979 (Fla. App. Ct. 2019)

. . . 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 . . .

BRAINE, v. STATE, 255 So. 3d 470 (Fla. App. Ct. 2018)

. . . 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). . . .

STATE v. RIVERA,, 249 So. 3d 1314 (Fla. App. Ct. 2018)

. . . 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). . . .

STATE v. DAHL,, 227 So. 3d 744 (Fla. Dist. Ct. App. 2017)

. . . As Appellee concedes, the trial court erred in this case because section 775.08435(l)(a), Florida Statutes . . .

STATE v. LY,, 208 So. 3d 330 (Fla. Dist. Ct. App. 2017)

. . . See § 775.08435(1)(c)2, Fla. Stat. (2015); State v. . . .

A. PACHECO- VELASQUEZ, v. STATE, 208 So. 3d 293 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

STATE v. PLATT,, 203 So. 3d 194 (Fla. Dist. Ct. App. 2016)

. . . Pursuant to section 775.08435(l)(b)l., 2., Florida Statutes (2015), in order to withhold adjudication . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . acknowledges that because the charge of traveling after solicitation is a second-degree felony, section 775.08435 . . .

STATE v. RICHARD,, 197 So. 3d 1097 (Fla. Dist. Ct. App. 2016)

. . . (m) An order withholding adjudication of guilt in violation of s. 775.08435. (Emphasis added). . . .

STATE v. A. FUREMAN,, 161 So. 3d 403 (Fla. Dist. Ct. App. 2014)

. . . .” § 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 . . .

STATE v. FIRST- PAGE,, 118 So. 3d 959 (Fla. Dist. Ct. App. 2013)

. . . We reverse because section 775.08435(l)(a), Florida Statutes (2009), prohibits a court from withholding . . .

STATE v. GARZA,, 118 So. 3d 856 (Fla. Dist. Ct. App. 2013)

. . . .” § 775.08435(l)(b)l., 2., Fla. Stat. (2011). . . .

STATE v. JEAN,, 114 So. 3d 451 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

STATE v. FOSTER,, 114 So. 3d 422 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

STATE v. KETCHUM,, 111 So. 3d 197 (Fla. Dist. Ct. App. 2013)

. . . Section 775.08435, Florida Statutes (2007), prohibits a withhold of adjudication for first-degree felonies . . .

STATE v. McMAHON,, 94 So. 3d 468 (Fla. 2012)

. . . (m) An order withholding adjudication of guilt in violation of s. 775.08435. (2) An appeal under this . . .

STATE v. PEARSON,, 47 So. 3d 915 (Fla. Dist. Ct. App. 2010)

. . . Section 775.08435, Florida Statutes (2009), provides that “no adjudication of guilt shall be withheld . . .

STATE v. GOOD,, 30 So. 3d 661 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

STATE v. CALVERT,, 15 So. 3d 946 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

STATE v. COOK,, 14 So. 3d 1155 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

STATE v. D. LOVINGS,, 1 So. 3d 1276 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

STATE v. FULMORE,, 2 So. 3d 365 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

STATE v. JOSEPH,, 995 So. 2d 1182 (Fla. Dist. Ct. App. 2008)

. . . Section 775.08435(1)(a) provides that a trial court may not withhold adjudication of guilt for “[a]ny . . .

STATE v. BARFIELD,, 995 So. 2d 1138 (Fla. Dist. Ct. App. 2008)

. . . . § 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 . . .

STATE v. CLAYTON,, 994 So. 2d 388 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

In AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE c, 901 So. 2d 109 (Fla. 2005)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE- CONFORM RULES TO LEGISLATION, 900 So. 2d 528 (Fla. 2005)

. . . 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- . . .

EXPOSITO, v. STATE, 891 So. 2d 525 (Fla. 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 . . .