STATE OF FLORIDA, APPELLANT,
v.
RAYMOND LOUIS SCARANTINO, APPELLEE
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LETTS, Judge.
The defendant was sentenced to ninety days in the county jail and adjudication was withheld. This was improper and we reverse.
Under Florida Rule of Criminal Procedure 3.670 and Thomas v. State, 356 So. 2d 846 (Fla. 4th DCA 1978), adjudication cannot be withheld if a jail term is imposed. However, adjudication can be withheld if the defendant is put on probation rather than incarcerated. See State v. Seward, 543 So. 2d 398 (Fla. 4th DCA 1989).
Accordingly, we reverse. We remand for further proceedings not inconsistent herewith.
REVERSED AND REMANDED.
DELL and GUNTHER, JJ., concur.
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State v. Seward, 543 So. 2d 398 (Fla. 4th DCA 1989)…e 3.670 and Thomas v. State, 356 So. 2d 846 (Fla. 4th DCA 1978), adjudication cannot be withheld if a jail term is imposed. However, adjudication can be withheld if the defendant is put on probation rather than incarcerated. See State v. Scarantino, 543 So. 2d 399 (Fla. 4th DCA 1989). Since both the defendant and the state were satisfied with the withholding of adjudication, we remand to the trial court with instructions to impose probation with a condition that the defendant serve two days in jail, with cr…
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State v. Oates, 610 So. 2d 522 (Fla. 2d DCA 1992)…s the practical effect of the orders sentencing Oates. As such, the sentencing was improper. As a general rule, adjudication cannot be withheld if a defendant is incarcerated. State v. Green, 581 So. 2d 1008 (Fla. 4th DCA1991); State v. Scarantino, 543 So. 2d 399 (Fla. 4th DCA1989); State v. Seward, 543 So. 2d 398 (Fla. 4th DCA1989); Thomas v. State, 356 So. 2d 846 (Fla. 4th DCA), cert. denied, 361 So. 2d 835 (Fla.1978); Fla.R.Crim.P. 3.670. However, adjudication can be withheld under the Youthful Offender A…
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State v. Sylvio, 846 So. 2d 1271 (Fla. 4th DCA 2003)…facts, court found this argument had not been preserved for appellate review). Adjudication of guilt may be withheld if the trial judge places the defendant on probation. See State v. Seward, 543 So. 2d 398 (Fla. 4th DCA 1989); State v. Scarantino, 543 So. 2d 399 (Fla. 4th DCA 1989); see also State v. McFadden, 772 So. 2d 1209, 1211 (Fla.2000)(“Trial courts may withhold adjudication of guilt after a plea has been accepted or after a verdict of guilty has been rendered and place the defendant on probation pro…
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- Thomas v. State, 356 So. 2d 846 (Fla. 4th DCA 1978)
- State v. Seward, 543 So. 2d 398 (Fla. 4th DCA 1989)