STATE OF FLORIDA, PETITIONER,
v.
BEVERLY BEARDSLEY, RESPONDENT
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The State of Florida sought a writ of common law certiorari to challenge a trial court's order withdrawing a previous adjudication of guilt after the defendant had been convicted of grand theft and placed on probation. The appellate court held that trial courts lack statutory authority to withdraw an adjudication of guilt, even when a defendant demonstrates exemplary behavior during probation.
A trial court lacks the power to withdraw a previous adjudication of guilt. Trial courts may only modify sentences under Rule 3.800(b) and may terminate probation early under Section 948.05, but neither provision authorizes withdrawal of an adjudication. Only the Governor and Board of Pardons may restore civil rights to convicted felons under Section 940.05.
[1] A trial court lacks the authority to withdraw a previous adjudication of guilt after a defendant has been adjudicated guilty and placed on probation.
[2] Florida Rule of Criminal Procedure 3.800(b) permits the reduction or modification of a legal sentence but does not authorize the withdrawal of an adjudication of guilt.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The State asserts that the trial court departed from the essential requirements of the law by doing so because it has no power to withdraw a previous adjudication of guilt. We agree with the State.”
States the core holding that trial courts lack authority to withdraw adjudications of guilt.
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Join FLexlaw to unlock all legal intelligenceThe defendant pleaded guilty to grand theft and was adjudicated guilty, then placed on probation for three years. Approximately six months later, she …
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PER CURIAM.
The State of Florida seeks a writ of common law certiorari asserting that it has no remedy on appeal because Florida Rule of Appellate Procedure 9.140(c) does not grant it that boon relative to the instant order which withheld adjudication. We grant the writ.
The defendant pled guilty to grand theft, was adjudicated guilty and placed on probation for three years. Approximately six months later the defendant filed a “Motion to Mitigate” requesting that the adjudication of guilt be withdrawn. After a hearing the trial court granted her motion stating “New Adjudication is Withheld.” The State asserts that the trial court departed from the essential requirements of the law by doing so because it has no power to withdraw a previous adjudication of guilt. We agree with the State.
The defendant’s motion was made pursuant to Florida Rule Criminal Procedure 3.800(b) which provides for the reduction or modification of a legal sentence imposed by the court but does not refer to any withdrawal of an adjudication of guilt.
Section 940.05, Florida Statutes (1983) is the only provision governing the restoration of civil rights to a convicted felon, and limits the power to do so to the Governor and the Board of Pardons after expiration of the sentence. Likewise, Section 948.05 gives the trial judge the power to prematurely terminate probation, but does not permit of withdrawal of adjudication. We have even gone so far as to hold in Knapp v. State, 405 So. 2d 786 (Fla. 4th DCA 1981) that once a trial court enters an order of probation, that order can only be modified if there has been a violation of the conditions of probation. See also Sweeting v. State, 390 So. 2d 773 (Fla. 3d DCA 1980).
In short, there is simply no authority to support what the trial judge did in this case. The defendant advances the not illogical theory that since a trial judge can rescind an adjudication withheld and adjudicate guilt if the defendant misbehaves, then as a quid pro quo it ought to be able to “unadjudicate” guilt when the probationer is exhibiting model behavior. Obviously and understandably, the trial judge had sympathy for this woman, who told him that she was being excluded from certain jobs because of her status as a convicted felon. However, her response to the petition filed herein cites no authority except Section 948.05, already discussed, and Section 948.01 which latter section delineates when a court may place a defendant on probation, but makes no mention of vacating an adjudication to remove the stigma of guilt.
The petition for Writ of Common Law Certiorari is granted and this cause remanded in accordance herewith.
LETTS and WALDEN, JJ., concur. ANSTEAD, C.J., dissents without opinion.
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Sanchez v. State, 541 So. 2d 1140 (Fla. 1989)…te the term of probation and to vacate the adjudication. The trial judge granted early termination of the probation but, believing he had no authority to do so, refused to vacate the adjudication. The fourth district, relying on State v. Beardsley, 464 So. 2d 188 (Fla. 4th DCA 1985), affirmed the trial court’s order and certified conflict with Thompson. In Beardsley the district court reversed the withdrawal of Beardsley’s adjudication of guilt because it found no authority for the trial court’s action.1 The…1 / 2
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Sanchez v. State, 524 So. 2d 704 (Fla. 4th DCA 1988)…f that sentence, he filed motions to mitigate the term of probation and to vacate the adjudication. The trial court granted early termination of the term, but denied the motion to vacate the adjudication of guilt. Affirmed. See State v. Beardsley, 464 So. 2d 188 (Fla. 4th DCA 1985). We certify conflict with Thompson v. State, 485 So. 2d 42 (Fla. 1st DCA 1986), as to whether an adjudication of guilt, imposed in conjunction with a probation sentence, may be vacated after 60 days incident to the authority of t…
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Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986)…in sixty days, appellant filed a motion for modification of sentence, pursuant to rule 3,800(b), Florida Rules of Criminal Procedure, requesting the trial court to modify the sentence by removing the adjudication of guilt. Citing State v. Beardsley, 464 So. 2d 188 (Fla. 4th DCA 1985) (trial court lacked authority to grant motion requesting that defendant’s adjudication of guilt be withdrawn), the trial court entered an order denying the motion for modification on the grounds that it was precluded from withdra…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sweeting v. State, 390 So. 2d 773 (Fla. 3d DCA 1980)
- Knapp v. State, 405 So. 2d 786 (Fla. 4th DCA 1981)