DAVID TYLER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Oates, 610 So. 2d 522 (Fla. 2d DCA 1992)
  …this is not what the trial court intended to do, this was 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, ad…
• Melvee Wanel Tucker v. State, 78 So. 3d 36 (Fla. 3d DCA 2012)
  …o imposing a term of incarceration. See Fla. R.Crim. P. 3.670; McClellan v. State, 819 So. 2d 946 (Fla. 2d DCA 2002). This is true even if the court is sentencing the defendant to time he has already served in jail prior to the plea. State v. Green, 581 So. 2d 1008 (Fla. 4th DCA 1991). However, the court can withhold adjudication, place a defendant on probation, and impose a period of incarceration as a special condition of that probation, so long as the period of incarceration is less than one year. Id.…
• McCLELLAN v. State, 819 So. 2d 946 (Fla. 2d DCA 2002)
  …The trial court made no further comment regarding this alleged error. Generally a trial court cannot withhold adjudication of guilt if a defendant is given a term of incarceration. State v. Oates, 610 So. 2d 522 (Fla. 2d DCA 1992); State v. Green, 581 So. 2d 1008 (Fla. 4th DCA 1991); State v. Scarantino, 543 So. 2d 399 (Fla. 4th DCA 1989); Fla. R.Crim. P. 3.670. Since the trial court did not make a complete review of the record, we remand for the trial court to review all sentencing [*947] documents and the…

Authorities Cited

• State v. Glenn, 558 So. 2d 4 (Fla. 1990)