The 2023 Florida Statutes (including Special Session C)
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. . . ." § 948.01(2), Fla. Stat. (2018). . . .
. . . See § 948.01(1) ("Any state court having original jurisdiction of criminal actions may ... hear and determine . . .
. . . When a court, in its discretion, withholds adjudication, section 948.01(2), Florida Statutes (2016), . . .
. . . Section 948.01(2), Florida Statutes, further provides that "the court ... may either adjudge the defendant . . .
. . . Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated . . . Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated . . . provisional release credits during any portion of his sentence. ] Notwithstanding the provisions of s. 948.01 . . .
. . . State, 769 So.2d 457, 462 (Fla. 4th DCA 2000), Furthermore, under the terms of section 948.01(2), Florida . . . welfare of society do not require that the defendant presently suffer the penalty ‘imposed by law.” § 948.01 . . . Certainly, the trial court had the discretion to adjudicate Appellant guilty, .as section 948.01(2) permits . . .
. . . . §§ 948.01(1), 948.09 (1993-1994) Where a state statute contains several different crimes that are described . . .
. . . Stat. 948.01(5) (2015) (Wisconsin); Wy. Stat. Ann. § 6-2-301(a)(vi) (2010) (Wyoming). . . .
. . . serving the mandatory minimum sentence imposed pursuant to the 10-20-Life statute: Notwithstanding s. 948.01 . . .
. . . State, 541 So.2d 1140, 1141 (Fla.1989) (quoting § 948.01(3), Fla. Stat. (1985)). . . .
. . . However, in Gazda, adjudication was not withheld pursuant to section 948.01, Florida Statutes, as it . . . See § 948.01(2), Fla. Stat. (2008). . . . Section 948.01, titled “When court may place defendant on probation or into community control,” states . . . not likely again to engage in a criminal course of conduct.’ ” McFadden, 772 So.2d at 1216 (quoting § 948.01 . . . Similar language occurs in the current version of the statute.- See § 948.01(2), Fla. Stat. (2015). . . .
. . . The State appealed'this as an illegal sentence, contending section 948.01(3), Florida Statutes (-1983 . . . At that time, section -948.01(3) provided in pertinent part: If it appears to the court ... that the . . .
. . . However, in Gazda, adjudication was not withheld pursuant to section 948.01, Florida Statutes, as it . . . See § 948.01(2), Fla. Stat. (2008). . . . Section 948.01, titled “When court may place defendant on probation or into community control,” states . . . likely again to engage in ;a criminal course of conduct.’ ” McFadden, 772 So.2d at 1216 (quoting § 948.01 . . . See § 948.01(2), Fla. Stat. (2015), . . .
. . . Stat. 948.01(1), and the government introduced a certified copy of the docket sheet from a Florida court . . . Stat. 948.01(2). We AFFIRM Barham’s convictions and sentence. . . .
. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .
. . . . § 948.01(1). . See Nijhawan v. . . .
. . . See § 948.01(4), Florida Statutes (2008) (stating that community control can be for a period of no more . . .
. . . offender is to be placed on probation upon completion of any specified period of such sentence”); § 948.01 . . .
. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .
. . . community control or probation because the DUI statute allows for alternative sentencing under section 948.01 . . . She points out that other statutes specifically prevent the trial court from using section 948.01 to . . . She is correct that the DUI statute does not appear to prohibit alternative sentencing under section 948.01 . . .
. . . . § 948.01(6) (emphasis added). . . . Stat. § 948.01(6); see also Wis. Stat. § 940.225(5)(c). . . . Stat. § 948.01(6) and Wis. . . .
. . . . § 948.01. . . . Stat. § 810.02 (1994). (2) Under Florida Statutes ... section 948.01, probation may not be imposed without . . .
. . . . § 948.01(2). . . . .
. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .
. . . Stat. (1997 & 1999); 948.01(15), Fla. Stat. (Supp. 1998 & 1999); 948.03(l)(a), (2), (5), Fla. Stat. . . .
. . . including "sexual assault of a child”), 948.02 (defining "sexual assault” to include "sexual contact”), 948.01 . . .
. . . violation of subsection (1), subsection (2), subsection (3), or subsection (4). (6) Notwithstanding s. 948.01 . . .
. . . . § 948.01(3)(b). . . .
. . . State, 779 So.2d 492, 493-94 (Fla. 2d DCA 2000); see also § 948.01(6), Fla. . . .
. . . court may “[pjlace the offender on probation with or without an adjudication of guilt pursuant to s. 948.01 . . . Section 948.01, Florida Statutes (2006), provides that “the court ... may either adjudge the defendant . . .
. . . See § 948.01(2), Fla. Stat. (2007). . . . Section 948.01(1) explains that “[i]f the court places the defendant on probation or into community control . . .
. . . . §§ 948.01, .09; Tenn.Code Ann. §§ 39-13-501,-506. . . . .
. . . Section 948.01(2), Florida Statutes (2008), provides that a trial court can place a defendant on probation . . . charge if the defendant has received a prior withholding: (1) Notwithstanding the provisions of s. 948.01 . . .
. . . Stat. ch. 948.01(2). We review questions of statutory interpretation de novo. United States v. . . . Under Florida Statute 948.01(2), the district court has the discretionary authority to withhold the adjudication . . . Anton’s restoration of rights argument was based upon his erroneous interpretation of Florida Statute 948.01 . . .
. . . . § 948.01(3)(a) (specifically allows the Court to revoke or suspend a driver’s license as part of a . . .
. . . adjudication, notwithstanding the language of section 316.1935(6), which provides: Notwithstanding s. 948.01 . . . Section 948.01, Florida Statutes (2007), generally allows a court to place a defendant on probation or . . . shotgun, section 790.221, Florida Statutes (1989), and the general sentencing statute found at section 948.01 . . .
. . . . §§ 948.12(1), 948.01(7). . . .
. . . court may “[pjlace the offender on probation with or without an adjudication of guilt pursuant to s. 948.01 . . . Section 948.01, Florida Statutes (2006), provides that “the court ... may either adjudge the defendant . . . Section 948.01(2) was formerly subsection 948.01(3). Ch. 91-280, § 1, at 2587, Laws of Fla. . . .
. . . See § 948.01, Fla. Stat. (2007); and State v. Sylvio, 846 So.2d 1271 (Fla. 4th DCA 2003). . . .
. . . P. 3.790(a); see also § 948.01(2) Fla. Stat. (2006). . . . a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.” § 948.01 . . . See § 948.01(1), Fla. Stat. (2003); see also Fla. R.Crim. . . .
. . . Section 784.08(3) provides: Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition . . . Section 948.01, Florida Statutes (2005), is the statute that generally sets forth the sentencing options . . . adjudication of youthful offenders, section 784.08(3) would have begun: “Notwithstanding the provisions of ss. 948.01 . . .
. . . chronic drug abusers who violate sections 893.13(2)(a) or (6)(a), Florida Statutes (2001); and section 948.01 . . .
. . . .” § 948.01(2), Fla. Stat. (2006); Landeverde v. State, 769 So.2d 457, 462 (Fla. 4th DCA 2000). . . .
. . . Additionally, Florida Statutes section 948.20, formerly Florida Statutes section 948.01(13), addressing . . .
. . . See also § 948.01(4), Fla. . . . it should be made clear that it is a condition of probation in conformity with section 948.031”); § 948.01 . . .
. . . Section 948.01(2), Florida Statutes (2004), which was in effect when these crimes were committed, authorizes . . .
. . . . § 948.01(4). But Kaufman is bound by the settlement agreement, see In re VMS Sec. . . .
. . . substance abusers who commit non-violent drug crimes was available under a predecessor statute (section 948.01 . . .
. . . Section 948.01(4), Florida Statutes (2004) provides for a two-year ceiling on a community control sentence . . . State, 651 So.2d 1288 (Fla. 3d DCA 1995), which apply section 948.01(4) to hold that even after a revocation . . . In sum, the two-year limitation of section 948.01(4) does not apply when community control has been revoked . . . As grounds, he argued that under section 948.01(4), 'Florida Statutes (2004), the maximum period of community . . . Section 948.01(4), Florida Statutes (2004) provides that the duration of a community control sentence . . .
. . . community control and probation is shorter than the suspended portion of incarceration”); see also § 948.01 . . .
. . . Sections 948.01, 948.06(1), Florida Statutes (2004), allows the court, upon finding a violation of probation . . .
. . . Last sentence was added to permit' the judge to operate under section 948.01(3), Florida Statutes. . . .
. . . . § 948.01(6). . . . . § 948.01(8) (1989). The same statutory language applies here, and Johnson controls. . . .
. . . Specifically, the Court referred to section 948.01(2), Florida Statutes, which provides that when a defendant . . .
. . . Crews argues that section 948.01, Florida Statutes (2002), authorized the trial court to withhold the . . . Section 948.01 provides: (1) Any court of the state having original jurisdiction of criminal actions . . . Since the supreme court decided McKendry in 1994, the legislature has not amended section 948.01. . . . (amending § 948.01, effective July 1, 1985); ch. 89-524, § 1, at 2651, Laws of Fla. . . . See § 948.01(13), Fla. Stat. (2002) (currently § 948.20, Fla. . . .
. . . that upon revocation of probation when an offender is serving a “split sentence pursuant to section 948.01 . . . Section 948.01(6) provides, in full: Whenever punishment by imprisonment for a misdemeanor or a felony . . . Section 948.01(11) provides, in pertinent part: The court may also impose a split sentence whereby the . . . Section 948.01(6) defines what this Court has described as a “true split sentence.” See Poore v. . . . State, 617 So.2d 311 (Fla.1993), we stated that the provision now found in section 948.01(6) defines . . .
. . . State, 779 So.2d 492 (Fla. 2d DCA 2000); see also § 948.01, Fla. Stat. (2002). AFFIRMED. . . .
. . . section 316.656(1), Florida Statutes (2002), which provides: (1) Notwithstanding the provisions of s. 948.01 . . .
. . . .” § 948.01(2), Fla. Stat. (1993). . . .
. . . Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not . . .
. . . State, 813 So.2d 22, 25 (Fla.2002) (“Section 948.01(13) [providing for drug offender probation] ... applies . . .
. . . Section 948.01, Florida Statutes (2000). PETERSON, THOMPSON and MONACO, JJ., concur. . . .
. . . Section 948.01(13), which authorizes drug offender probation, specifically states that such probation . . .
. . . See § 948.01(2), Fla. Stat.; Fla. R.Crim. P. 3.790(a). . . . See § 948.01(2), Fla. Stat. (2002); State v. Summers, 642 So.2d 742, 744 (Fla.1994); Villery v. . . .
. . . guilty has been rendered and place the defendant on probation provided that the requirements of section 948.01 . . .
. . . . § 948.01(2) and (3), Fla. Stat. (1999). See also Raulerson v. . . .
. . . probation” appears in only two places in chapter 948, the definition section noted above and in section 948.01 . . . Section 948.01(13), Florida Statutes (2001) specifically provides: If it appears to the court upon a . . . Thus, while a sentence under 948.01(13) or 948.034 may be restricted to violations of chapter 893.13, . . .
. . . Subsection 948.03(7) does permit residential treatment, and section 948.01(8), Florida Statutes (1995 . . .
. . . Summers, 642 So.2d 742, 744 (Fla.1994); Bateh, 110 So.2d at 10; Helton, 106 So.2d at 81; §§ 948.01(11 . . .
. . . that section 948.01(13) not be exempt from the guidelines. . . . See § 948.01(13), Fla. Stat. . . . See § 948.01(13), Florida Statutes (2000). . . . of sentence and place the defendant on drug offender probation.” § 948.01(13), Fla. . . . In contrast, sections 948.01(13) and 948.034 are sentencing options. . . . . I respectfully dissent as I conclude that section 948.01(13), Florida Statutes (Supp. 1998), does not . . . The Legislature did not do so in adopting section 948.01(13). . . . See § 948.01(13), Fla. Stat. . . . Section 948.01(11) provided in pertinent part: “The court may also impose ... which may be followed_” . . . However, such an exemption is not mentioned in section 948.01(11) or any place else in section 948.01 . . .
. . . sentence of community control followed by probation was illegal because it was prohibited by section 948.01 . . .
. . . probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.01 . . .
. . . Summers, 642 So.2d 742, 744 (Fla.1994); Bateh, 110 So.2d at 10; Helton, 106 So.2d at 81; §§ 948.01(11 . . .
. . . order -withholding adjudication and placing Ackerman on drug offender probation, pursuant to section 948.01 . . . The assistant state attorney responded, “I think the Court can consider' — under 948.01, if the Court . . . The state first objected to Ack-erman being unlawfully sentenced under section 948.01(13) six weeks after . . . It also found, as to the state’s notice of the motion for sentencing under section 948.01(13), “that . . . It also observed that the state either agreed or acquiesced that the court could consider section 948.01 . . .
. . . guilty has been rendered and place the defendant on probation provided that the requirements of section 948.01 . . . adjudicated guilty, the court still has the discretion to withhold adjudication pursuant to section 948.01 . . . court has found that “the defendant is not likely again to engage in a criminal course of conduct.” § 948.01 . . . The statutory authority for rule 3.670 is found in section 948.01(2), Florida Statutes (1997), which . . .
. . . See § 948.01(2), Fla. Stat. (1999). . . . See § 948.01(2), Fla. Stat. (1999); Fla. R.Crim. . . . withhold the imposition of sentence upon such defendant and shall place the defendant upon probation. § 948.01 . . .
. . . .” § 948.01(2), Fla. Stat. (1997). . . . and withhold the imposition of sentence regardless of whether adjudication of guilt is withheld. § 948.01 . . .
. . . court erred when it sentenced Alethia Jones to two years’ drug offender probation pursuant to section 948.01 . . . The trial court concluded that it had the discretion under section 948.01(13) to order drug offender . . . The statute which is applicable in the present case, section 948.01(13), does not contain such a provision . . . 740, 741 (Fla.1994), the supreme court, in dicta, discussed the fact that sentencing under section 948.01 . . . The Williams opinion specifically held that the drug treatment options pursuant to section 948.01(13) . . .
. . . More specifically, the defendants asserted that because a trial court may, pursuant to section 948.01 . . . (c) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . 'The First District analyzed section 948.01(2), Florida Statutes, which authorizes a court to withhold . . . Gloster, 703 So.2d 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(1)(a)3; Fla. . . .
. . . We affirm appellee’s downward sentence pursuant to section 948.01(13), Florida Statutes (1997). . . .
. . . Section 948.01(6), Florida Statutes (1995), provides that a trial court may, in its discretion, impose . . . We conclude that section 948.01(6) would also support a split sentence where the period of supervision . . .
. . . probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.01 . . .
. . . This statutory provision goes on to state that “[n]ot-withstanding s. 948.01, adjudication of guilt or . . .
. . . Florida, in addition to adding section 775.082(8), also amended sections 944.705, 947.141, 948.06, 948.01 . . .
. . . discretion, adjudge a defendant guilty, or stay and withhold adjudication of guilty, pursuant to section 948.01 . . .
. . . Last sentence was added to permit the judge to operate under section 948.01(3), Florida Statutes. . . .
. . . . § 948.01(5). . . . Stat. § 948.01(6). . . .
. . . conditional release as described in chapter 947, probation or community control as described in s. 948.01 . . .
. . . Section 948.01(13), Florida Statutes (1997), authorizes “drug offender probation” for chronic substance . . . Sentences under sections 948.034 and 948.01(13) are not technically “departures” since they are imposed . . . The terms of “drug offender probation,” pursuant to section 948.01(13)(a), require the court to place . . . Violation of probation imposed under either section 948.01(13) or 948.034 may lead to a sentence under . . . See §§ 948.034(0(0 & 948.01 (13)(b). . . .
. . . Florida, in addition to adding section 775.082(8), also amended sections 944.705, 947.141, 948.06, 948.01 . . .
. . . . § 948.01(5)(a)-(b). . . . Stat. § 948.01(5) explicitly describe, in graphic detail, the conduct required for each act. . . .
. . . (e) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . Gloster, 703 So.2d 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(l)(a)3; Fla. . . .
. . . State, 688 So.2d 1008, 1009 (Fla. 1st DCA 1997); see § 948.01(4), Fla. . . .
. . . (c) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . Section 948.01(2), Florida Statutes (Supp.1996), is the source of the power to withhold adjudication . . .
. . . postconviction relief, arguing that the court which accepted his initial plea was precluded, under section 948.01 . . .
. . . In section 948.01(6),[] the legislature empowers trial courts to impose a split sentence “whereby the . . . Because the conditional suspended sentence does not appear to violate section 948.01(6) and is compatible . . . with the sentencing policy announced in 948.01(11), we conclude that it is an authorized sentence. . . . Section 948.01(6), Florida Statutes (1995), states in pertinent part: (6) Whenever punishment by imprisonment . . . Section 948.01(11), Florida Statutes (1995), states: (11) The court may also impose a split sentence . . .
. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .