Florida Statutes
Fla. Stat. § 775.14 (2025)
Limitation on withheld sentences.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 31
cases (2 in the last 5 years), 1958–2024 · leading case: Sainz v. State, 811 So. 2d 683 (Fla. 3d DCA 2002).
Sainz v. State, 811 So. 2d 683 (Fla. 3d DCA 2002). “He contended that section 775.14, Florida Statutes, creates a five-year statute of limitations on sentencing.”
State v. Gazda, 257 So. 2d 242 (Fla. 1971). “The question presented is whether under Florida Statutes § 775.14, F.S.A., a sentence is valid which is imposed more than five years from the date a plea of guilty is accepted and adjudication withheld.”
Joseph Peter Clarke v. United States, 184 So. 3d 1107 (Fla. 2016). “In Gazda , we held in a different context that “for purposes of construing § 775.14 ... the term ‘conviction’ means determination of guilt by verdict of the jury or by plea of guilty, and does not require adjudication by the court.”
Carr v. State, 528 So. 2d 406 (Fla. 5th DCA 1988). “" The 32 year "withheld" portion of the sentence in this case, as interpreted and modified by the majority opinion, would also exceed the 5 year limitation on such sentences contained in section 775.14, Florida Statutes. [3] In any event, the sentence, as modified and approved…”
State v. Keirn, 720 So. 2d 1085 (Fla. 4th DCA 1998). “1971), the supreme court confronted section 775.14, which read: Limitation on withheld sentences.”
State v. McFadden, 772 So. 2d 1209 (Fla. 2000). “1971), this Court construed the term "conviction" for purposes of section 775.14, Florida Statutes (1971), which provides that any person receiving a withheld sentence which has not been altered for five years shall not thereafter be sentenced for conviction of same crime for…”
Taylor v. State, 710 So. 2d 636 (Fla. 3d DCA 1998). “[2] In any case, Taylor is *638 subject to the federal sentence by way of a surrender to the federal detainer which, we are told, is now in effect.”
United States v. Thompson, 756 F. Supp. 1492 (N.D. Fla. 1991). “14 of the Florida Statutes which provides as follows: Any person receiving a withheld sentence upon conviction for a criminal offense, and such withheld sentence has not been altered for a period of five years, shall not thereafter be sentenced for the conviction of the same…”
Bateh v. State, 101 So. 2d 869 (Fla. 1st DCA 1958). “The State's petition also directs our attention to F.S. § 775.14, F.S.A., which provides: "Any person receiving a withheld sentence upon conviction for a criminal offense, and such withheld sentence has not been altered for a period of five years, shall not thereafter be…”
Maxwell v. State, 336 So. 2d 658 (Fla. 2d DCA 1976). “2d 242 , the Supreme Court distinguished between a "conviction" and a "judgment of conviction" for the purposes of construing Fla. Stat. § 775.14 , Limitation on Withheld Sentences.”
Poore v. State, 503 So. 2d 1282 (Fla. 5th DCA 1987). “, § 775.14, Fla. Stat. [3] See the cases cited in note 1 to Shieder v.”
Helton v. State, 106 So. 2d 79 (Fla. 1958). “57-284, Laws of 1957 [appearing as § 775.14 Fla. Stat. 1957, F.S.A.], the Legislature placed a time limitation of five years on the imposition of sentence upon a convicted criminal whose sentence was "withheld" at the time of his conviction.”
— 775.14(4)(b) — 2 cases
Adrienne Nicole Whittamore v. State of Florida (Fla. 5th DCA 2023).
Amber Marie Morreale v. State of Florida (Fla. 5th DCA 2024).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.