THE STATE OF FLORIDA, APPELLANT,
v.
HERMAN OVERTON, APPELLEE
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Florida's appellate court reversed a sentence where the trial court suspended entry of sentence upon withholding adjudication without imposing probation, holding that suspension of sentence is only permissible when incident to probation.
Upon withholding adjudication, a trial court may not suspend entry of sentence except as incident to placing the defendant on probation.
[1] Upon withholding adjudication, a trial court may suspend entry of sentence only when such suspension is incident to the imposition of probation.
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Court's statement of the legal principle governing sentencing authority when adjudication is withheld
Herman Overton received a sentence that departed from guideline ranges, and the trial court withheld adjudication while suspending entry of sentence w…
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PER CURIAM.
Although the reasons given by the trial court for departing from the recommended sentencing guideline range justify the departure, and a written transcript of the sentencing hearing containing a statement of reasons satisfies the requirement of Florida Rule of Criminal Procedure 3.701 d. 11 that “[a]ny sentence outside of the guidelines must be accompanied by a written statement delineating the reasons for the departure” (emphasis supplied), Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984); Fleming v. State, 456 So. 2d 1300 (Fla. 2d DCA 1984); Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984); Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984); Smith v. State, 454 So. 2d 90 (Fla. 2d DCA 1984); Harvey v. State, 450 So. 2d 926 (Fla. 4th DCA 1984); contra, Roux v. State, 455 So. 2d 495 (Fla. 1st DCA 1984); Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984), we nonetheless conclude that, upon withholding adjudication of the defendant, the trial court was not empowered to suspend the entry of sentence, except incident to placing the defendant on probation, see Helton v. State, 106 So. 2d 79 (Fla.1958); Phillips v. State, 455 So. 2d 656 (Fla. 5th DCA 1984); Shieder v. State, 430 So. 2d 537, 538 n. 1 (Fla. 5th DCA 1983); Bateh v. State, 101 So. 2d 869 (Fla. 1st DCA 1958), cert. discharged, 110 So. 2d 7 (Fla.1959), cert. denied, 361 U.S. 826, 80 S.Ct. 74, 4 L.Ed.2d 69 (1959). Accordingly, we remand the case for the imposition of a term of probation.
Remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vance v. State, 475 So. 2d 1362 (Fla. 5th DCA 1985)…A 1985); Odea v. State, 463 So. 2d 313 (Fla. 1st DCA 1984); Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984); contra, Boehmer v. State, 472 So. 2d 555 (Fla. 5th DCA 1985); Hernandez v. State, 465 So. 2d 578 (Fla. 1st DCA 1985); State v. Overton, 464 So. 2d 607 (Fla. 3rd DCA 1985); Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984); and Harvey v. State, 450 So. 2d 926 (Fla. 4th DCA 1984).…
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Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985)…PER CURIAM. By this appeal the appellant seeks review of an order revoking his probation and entering sentence. We find no error in the probation revocation. Cuciak v. State, 410 So. 2d 916 (Fla.1982); State v. Overton, 464 So. 2d 607 (Fla. 3d DCA 1985); Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984); Atkinson v. State, 456 So. 2d 568 (Fla. 5th DCA 1984); Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984); Kirk v. State, 400 So. 2d 540 (Fla. 3d DCA 1981). In the sentence, the t…
Authorities Cited (15 total)
- Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984)
- Smith v. State, 454 So. 2d 90 (Fla. 2d DCA 1984)
- State v. Mussa C. Bateh, 110 So. 2d 7 (Fla. 1959)
- Mussa C. Bateh v. State, 101 So. 2d 869 (Fla. 1st DCA 1958)
- Helton v. State, 106 So. 2d 79 (Fla. 1958)
- Harvey v. State, 450 So. 2d 926 (Fla. 4th DCA 1984)
- Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984)
- Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984)
- Roux v. State, 455 So. 2d 495 (Fla. 1st DCA 1984)
- Fleming v. State, 456 So. 2d 1300 (Fla. 2d DCA 1984)