Florida Statute 775.14 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.14

775.14 Limitation on withheld sentences.—Any person receiving a withheld sentence upon conviction for a criminal offense, and such withheld sentence has not been altered for a period of 5 years, shall not thereafter be sentenced for the conviction of the same crime for which sentence was originally withheld.

History.—s. 1, ch. 57-284.

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Amendments to 775.14

Annotations, Discussions, Cases:

Cases Citing Statute 775.14

Total Results: 33

State v. Gazda

257 So. 2d 242

Supreme Court of Florida | Filed: Sep 15, 1971 | Docket: 308337

Cited 40 times | Published

question presented is whether under Florida Statutes § 775.14, F.S.A., a sentence is valid which is imposed

Bateh v. State

101 So. 2d 869

District Court of Appeal of Florida | Filed: Apr 1, 1958 | Docket: 1326907

Cited 25 times | Published

State's petition also directs our attention to F.S. § 775.14, F.S.A., which provides: "Any person receiving

Helton v. State

106 So. 2d 79

Supreme Court of Florida | Filed: Oct 29, 1958 | Docket: 1698461

Cited 23 times | Published

that by Ch. 57-284, Laws of 1957 [appearing as § 775.14 Fla. Stat. 1957, F.S.A.], the Legislature placed

State v. Keirn

720 So. 2d 1085, 1998 WL 219729

District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 308401

Cited 18 times | Published

242 (Fla.1971), the supreme court confronted section 775.14, which read: Limitation on withheld sentences

State v. McFadden

772 So. 2d 1209, 2000 WL 1675950

Supreme Court of Florida | Filed: Nov 9, 2000 | Docket: 1435119

Cited 15 times | Published

construed the term "conviction" for purposes of section 775.14, Florida Statutes (1971), which provides that

Taylor v. State

710 So. 2d 636, 1998 WL 158767

District Court of Appeal of Florida | Filed: Apr 21, 1998 | Docket: 243786

Cited 10 times | Published

826, 80 S.Ct. 74, 4 L.Ed.2d 69 (1959); see also § 775.14, Fla. Stat. (1997), or, at the appellant's option

United States v. Thompson

756 F. Supp. 1492, 1991 U.S. Dist. LEXIS 2256, 1991 WL 23651

District Court, N.D. Florida | Filed: Feb 4, 1991 | Docket: 2136100

Cited 10 times | Published

adjudication withheld. The issue was controlled by section 775.14 of the Florida Statutes which provides as follows:

Poore v. State

503 So. 2d 1282, 12 Fla. L. Weekly 450

District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 1453615

Cited 9 times | Published

NOTES [1] Fla.R.Crim.P. 3.701. [2] See, e.g., § 775.14, Fla. Stat. [3] See the cases cited in note 1

Maxwell v. State

336 So. 2d 658

District Court of Appeal of Florida | Filed: Aug 4, 1976 | Docket: 2516947

Cited 9 times | Published

conviction" for the purposes of construing Fla. Stat. § 775.14, Limitation on Withheld Sentences. The court held

Smith v. Bartlett

570 So. 2d 360, 1990 WL 160715

District Court of Appeal of Florida | Filed: Oct 25, 1990 | Docket: 1704115

Cited 7 times | Published

(Fla. 1971). In Gazda, the court interpreted section 775.14, Florida Statutes which provided: Limitation

Hargis v. State

451 So. 2d 551

District Court of Appeal of Florida | Filed: Jun 21, 1984 | Docket: 1483400

Cited 7 times | Published

first claiming his sentencing was violative of section 775.14, Florida Statutes (1983) and, second, contending

Shieder v. State

430 So. 2d 537

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 445780

Cited 7 times | Published

1965) cert. dismd., 181 So.2d 348 (Fla. 1966). Section 775.14, Florida Statutes (1981), also provides that

Drayton v. State

177 So. 2d 250

District Court of Appeal of Florida | Filed: Jul 6, 1965 | Docket: 1736740

Cited 6 times | Published

the sentence in the instant case is governed by § 775.14, Fla. Stat., F.S.A., and is limited to five (5)

United States v. Hartsfield

387 F. Supp. 16, 1975 U.S. Dist. LEXIS 14174

District Court, M.D. Florida | Filed: Jan 24, 1975 | Docket: 1260517

Cited 5 times | Published

defendant was "convicted" as that term is used in Section 775.14 of the Florida Statutes, which reads: "Limitation

United States v. Gispert

864 F. Supp. 1193, 1994 U.S. Dist. LEXIS 14186, 1994 WL 547455

District Court, S.D. Florida | Filed: Feb 17, 1994 | Docket: 1618559

Cited 4 times | Published

court's sentence asserting that Florida Statute § 775.14,[5] Limitation on withheld sentences, barred the

United States v. Bobby Jenkins

822 F.3d 1213, 2016 U.S. App. LEXIS 8652, 2016 WL 2754018

Court of Appeals for the Eleventh Circuit | Filed: May 11, 2016 | Docket: 3063381

Cited 3 times | Published

different context that “for purposes of construing § 775.14 ... the term ‘conviction’ means determination

Sainz v. State

811 So. 2d 683, 2002 WL 384503

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1758359

Cited 3 times | Published

being sentenced in Florida. He contended that section 775.14, Florida Statutes, creates a five-year statute

Simmons v. State

217 So. 2d 343

District Court of Appeal of Florida | Filed: Jan 10, 1969 | Docket: 1195740

Cited 3 times | Published

sentence was withheld within the interpretation of § 775.14, Fla.Stats., F.S.A., for over five years. We cannot

Mazza v. State

948 So. 2d 872, 2007 WL 397353

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 1769928

Cited 2 times | Published

1971). In Gazda, the supreme court addressed section 775.14, Florida Statutes, which prohibits a trial

Carr v. State

528 So. 2d 406, 1988 WL 54429

District Court of Appeal of Florida | Filed: Jun 2, 1988 | Docket: 1717332

Cited 2 times | Published

year limitation on such sentences contained in section 775.14, Florida Statutes.[3] In any event, the sentence

Joseph Peter Clarke v. United States

184 So. 3d 1107, 41 Fla. L. Weekly Supp. 41, 2016 Fla. LEXIS 277, 2016 WL 533898

Supreme Court of Florida | Filed: Feb 11, 2016 | Docket: 3035598

Cited 1 times | Published

different context that “for purposes of construing § 775.14 ... the term ‘conviction’ means determination

AMBER MARIE MORREALE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 15, 2024 | Docket: 68343826

Published

or other process was executed pursuant to section 775.14(4)(b). See State v. Miller, 581 So. 2d 641

ADRIENNE NICOLE WHITTAMORE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 21, 2023 | Docket: 68107550

Published

executed without unreasonable delay as required by section 775.14(4)(b) because there is no evidence the State

Sainz v. State

811 So. 2d 674, 2001 Fla. App. LEXIS 16666, 2001 WL 1502859

District Court of Appeal of Florida | Filed: Nov 28, 2001 | Docket: 64813486

Published

being sentenced in Florida. He contended that section 775.14, Florida Statutes, creates a five-year statute

United States v. Harry James Chubbuck

252 F.3d 1300, 2001 U.S. App. LEXIS 11572

Court of Appeals for the Eleventh Circuit | Filed: Jun 1, 2001 | Docket: 396886

Published

1971) (stating that “for purposes of construing § 775.14, ... the term ‘conviction’ means determination

United States v. Harry James Chubbuck

252 F.3d 1300

Court of Appeals for the Eleventh Circuit | Filed: Jun 1, 2001 | Docket: 126342

Published

1971) (stating that “for purposes of construing § 775.14,. . . the term ‘conviction’ means determination

Baker v. State

530 So. 2d 402, 1988 WL 86351

District Court of Appeal of Florida | Filed: Aug 22, 1988 | Docket: 1267397

Published

more than five years following adjudication, see § 775.14, Fla. Stat., but any "[s]uch sentence may not

In the Interest of T.T. v. State

472 So. 2d 556, 10 Fla. L. Weekly 1713, 1985 Fla. App. LEXIS 14937

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 64613048

Published

subsequently impose a sentence within five years. Section 775.14, Florida Statutes *557(1983). Such sentence

Johnson v. State

351 So. 2d 754, 1977 Fla. App. LEXIS 16716

District Court of Appeal of Florida | Filed: Nov 9, 1977 | Docket: 64561146

Published

a five-year general sentence at hard labor. Section 775.14, Florida Statutes (1975), reads as follows:

Johnson v. State

332 So. 2d 362, 1976 Fla. App. LEXIS 15138

District Court of Appeal of Florida | Filed: May 12, 1976 | Docket: 64553773

Published

the illegal sentence. Rule 3.800(a), R.Cr.P.; § 775.14, F. S.; Drayton v. State, 177 So.2d 250 (Fla.App

Gazda v. State

244 So. 2d 454, 1970 Fla. App. LEXIS 6581

District Court of Appeal of Florida | Filed: Dec 30, 1970 | Docket: 64518934

Published

contends that this case is controlled by F.S.1969, section 775.14, F.S. A., which was enacted as Chapter 57-284

Stallworth v. State

237 So. 2d 328, 1970 Fla. App. LEXIS 6174

District Court of Appeal of Florida | Filed: Jun 30, 1970 | Docket: 64515313

Published

trial court could correct an illegal sentence.1 Section 775.14, Florida Statutes, F.S.A., places a limitation

Coleman v. State

205 So. 2d 5, 1967 Fla. App. LEXIS 4183

District Court of Appeal of Florida | Filed: Dec 15, 1967 | Docket: 64503379

Published

been legally sentenced on November 28, 1966. Section 775-14, Fla. Stat. (1965), F.S.A. limits the time