STATE OF FLORIDA
v.
SHAQUILLE WILLIAMS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The State appealed the trial court's withholding of adjudication of guilt for Shaquille Williams' conviction of fleeing or attempting to elude a law enforcement officer. The court reversed the withholding of adjudication, holding that Florida Statutes section 316.1935(6) expressly prohibits courts from withholding adjudication for this offense, and remanded for further proceedings.
The court held that section 316.1935(6) expressly prohibits courts from withholding adjudication of guilt for any violation of section 316.1935, and therefore the trial court erred in withholding adjudication. The court declined to address the burglary sentence issue because the State did not appeal the judgment and sentence in case 19CF-7872.
[1] A later-enacted statute prevails over an earlier-enacted statute when there is a conflict between the two, as it represents the legislature's last expression of intent.
[2] A specific statute addressing a particular subject matter controls over a general statute that also addresses that subject.
Previewing 2 of 4 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“no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section”
This is the statutory language from section 316.1935(6) that expressly prohibits the trial court's action of withholding adjudication for the fleeing/eluding charge.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceShaquille Williams entered a plea of no contest to multiple charges across two cases. In case 20CF-7723, he was charged with fleeing or attempting to …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Fleeing Or Attempting To Elude A Law Enforcement Officer cases and more on FLexlaw
KELLY, Judge.
In this appeal, the State challenges Shaquille Williams' judgment and sentence for fleeing or attempting to elude a law enforcement officer. Williams had entered a plea of no contest in two cases. In case number 20CF-7723 he was charged with, among other things, fleeing or attempting to elude a law enforcement officer in violation of section 316.1935(2), Florida Statutes (2020).
The trial court withheld adjudication of guilt when it sentenced Williams on this charge.
The State argues, and Williams concedes, that this was error.
Section 316.1935(6) states that "no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section." We have previously held that section 316.1935(6) "expressly prohibits the court from withholding adjudication of guilt for any violation of section 316.1935." State v. Rapson, 282 So. 3d 1012, 1012 (Fla. 2d DCA 2019) (quoting State v. Teague, 275 So. 3d 828, 829 (Fla. 5th DCA 2019)).
Accordingly, we reverse that portion of the sentencing order withholding adjudication of guilt for fleeing or attempting to elude a law enforcement officer and we remand this matter to the trial court for further proceedings. In all other respects, we affirm the sentencing order. In case number 19CF-7872 Williams was charged with burglary of an unoccupied dwelling, possession of burglary tools, resisting or obstructing officer without violence, and loitering and prowling.
In this appeal, the State argues that the trial court improperly imposed a downward departure sentence on the burglary charge. As Williams correctly notes, the State did not appeal the judgment and sentence in case number 19CF-7872.
Accordingly, the issue of the sentence imposed in that case is not before us.
Affirmed in part, reversed in part, and remanded. KHOUZAM and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.