STATE OF FLORIDA, APPELLANT,
v.
RAYMOND SCRIBER, APPELLEE
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The State of Florida appealed a trial court's decision to withhold adjudication of guilt for aggravated fleeing and eluding under Florida Statute § 316.1935. The appellate court reversed, holding that the specific statutory prohibition on withholding adjudication for this offense prevails over the general downward departure sentencing statute.
A trial court may not withhold adjudication of guilt for aggravated fleeing and elueling under § 316.1935, as the specific statutory prohibition in § 316.1935(6) prevails over the general sentencing statute § 921.0026.
[1] A later-enacted statute prevails over an earlier-enacted statute when there is a conflict between them, reflecting the legislature's most recent intent.
[2] A specific statute addressing sentencing for a particular offense controls over a general sentencing statute.
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Join FLexlaw to unlock all legal intelligence“Notwithstanding s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.”
The explicit statutory language of § 316.1935(6) that prohibits withholding of adjudication for aggravated fleeing and eluding violations.
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Join FLexlaw to unlock all legal intelligenceRaymond Scriber entered an open plea and presented a motion for downward departure, bringing $17,306.80 in restitution to the plea conference. Plea ne…
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PER CURIAM.
The state appeals the decision of the trial court to withhold adjudication of guilt for the charge of aggravated fleeing and eluding, pursuant to section 316.1935, Florida Statutes (2007). This court has jurisdiction. See Fla. R.App. P. 9.140(c)(l)(L).
Raymond Scriber made an open plea to the court and presented his motion for a downward departure. Scriber brought $17,306.80 in restitution to the plea conference. Plea negotiations had reached an impasse because the state would not agree to a withhold of adjudication and probation as a sentence. On the aggravated fleeing and eluding charge, the court sentenced Scriber to 12 months of probation and withheld adjudication.1 The court found mitigating circumstances under section 921.0026, Florida Statutes (2007), that would justify a downward departure, and ruled that this statute authorized a withhold of adjudication, notwithstanding the language of section 316.1935(6), which provides:
Notwithstanding s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.
Section 948.01, Florida Statutes (2007), generally allows a court to place a defendant on probation or community control and permits a court to withhold adjudication of guilt. Section 921.0026, also a general sentencing statute, sets out the mitigating circumstances that would justify a “downward departure from the lowest permissible sentence.” § 921.0026(1), Fla. Stat. (2007).
Section 316.1935(6) clearly prohibits a withhold of adjudication for a section 316.1935 violation. Section 316.1935(6) was enacted in 2004, while section 921.0026 was passed in 1998. See Ch. 2004-388, Laws of Fla.; Ch. 1998-204, Laws of Fla. Because it is the later promulgated statute, section 316.1935(6) should prevail “as the last expression of legislative intent” on the subject of sentencing for an aggravated fleeing and eluding charge. McKendry v. State, 641 So. 2d 45, 47 (Fla.1994) (involving the conflict between a mandatory sentencing statute for possession of a short-barreled shotgun, section 790.221, Florida Statutes (1989), and the general sentencing statute found at section 948.01, Florida Statutes (1989)). Also, section 316.1935(6) specifically addresses sentencing under section 316.1935. “The more specific statute is considered to be an exception to the general terms of the more comprehensive statute.” McKendry, 641 So. 2d at 46.
For these reasons, we reverse that portion of the sentence withholding adjudication, and remand to the circuit court for further proceedings.
STONE, GROSS and TAYLOR, JJ., concur. . On other charges, the court ran sentences concurrent with the aggravated fleeing and eluding charge.
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Kemar Rochester v. State, 95 So. 3d 407 (Fla. 4th DCA 2012)…tory sentencing language limiting the minimum term of imprisonment to five years. We find the 1989 amendment changing the language of section 790.221(2) to be a clear and unambiguous expression of the legislature’s intent. Id. In State v. Scriber, 991 So. 2d 969 (Fla. 4th DCA 2008), the defendant was charged with aggravated fleeing and eluding. Id. at 970. Although the aggravated fleeing and eluding statute — section 316.1935, Florida Statutes (2007) — stated that “no court may suspend, defer or withhold ad…
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State v. Warner, 50 So. 3d 99 (Fla. 4th DCA 2010)…section (2), subsection (3), or subsection (4). (6) ... [N]o court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.... § 316.1935, Fla. Stat. (2008). As we held in State v. Scriber, 991 So. 2d 969 (Fla. 4th DCA 2008), “[section 316.1935(6) clearly prohibits a withhold of adjudication for a section 316.1935 violation.” Id. at 970. We further held that section 316.1935 prevailed over the downward departure statute, section 921.0026, Florida Sta…
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State v. Culver, 63 So. 3d 891 (Fla. 5th DCA 2011)…ection 316.1935(1), Florida Statutes (2009). Section' 316.1935(6) expressly prohibits the court from "withholding adjudication of guilt for any violation of section 316.1935. See State v. Warner, 50 So. 3d 99 (Fla. 4th DCA 2010); State v. Scriber, 991 So. 2d 969 (Fla. 4th DCA 2008) (holding trial court not permitted by statute to withhold adjudication of guilt in light of fleeing and eluding statutes express prohibition). For this reason, we reverse that portion of the sentencing order withholding adjudicat…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McKENDRY v. State, 641 So. 2d 45 (Fla. 1994)