STATE OF FLORIDA, APPELLANT,
v.
ROBERT GLENN ROWELL, APPELLEE
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The court held that withholding adjudication of guilt for a driving under the influence offense is an illegal sentence and cannot be circumvented by the trial court.
Robert Glenn Rowell pleaded guilty to driving under the influence and driving with a suspended license. The trial court withheld adjudication of guilt…
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PER CURIAM.
The State of Florida appeals the trial court’s decision to withhold adjudication of guilt on Robert Glenn Rowell’s offense of driving under the influence, claiming that it is an illegal sentence. We agree and reverse.
Rowell pleaded guilty to driving under the influence and driving while his license was suspended.1 The trial court sentenced Rowell to five years’ drug offender probation and withheld an adjudication of guilt as to the driving under the influence offense.
Section 316.656(1), Florida Statutes (1993), provides: “Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193 [driving under the influence]_” This requirement is mandatory, and a court cannot circumvent it. State v. Griffith, 540 So. 2d 916 (Fla. 2d DCA 1989).
Rowell argues that the state failed to ' preserve this issue because it failed to object in the trial court. This error, however, appears to be in the nature of an illegal sentence. An objection in the trial court is not necessary to preserve for appellate review an illegal sentence. Randolph v. State, 626 So. 2d 1006 (Fla. 2d DCA 1993).
We reverse the sentence and remand with directions for the trial court to adjudicate Rowell guilty.
CAMPBELL, A.C.J., and PARKER and PATTERSON, JJ., concur. . Our review of the record shows that this was an open plea. If there had been a plea agreement that the judge would withhold adjudication of guilt, then Rowell would have to be given an opportunity to withdraw the plea. See State v. Scott, 611 So. 2d 596 (Fla. 2d DCA 1993).
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State v. Degrossi, 680 So. 2d 1093 (Fla. 3d DCA 1996)…ctions 322.26(2) and 322.28(6) must be construed in accordance with the legislative intent to ensure safe roadways and protecting the public from intoxicated drivers, we reverse the trial court’s stay of the license suspension., See State v. Rowell, 669 So. 2d 1089 (Fla. 2d DCA 1996)(trial court cannot circumvent mandatory requirements of license suspension by withholding adjudication in DUI case). Accordingly, we answer the certified question in the affirmative holding that the trial court does not have the a…
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State v. W.W., 16 So. 3d 305 (Fla. 5th DCA 2009)…pt chapter 316 misdemeanor traffic violations from the benefits of juvenile court. This is further evidenced by the prohibition, within section 316.656(1), of withholding adjudication upon conviction for driving under the influence. State v. Rowell, 669 So. 2d 1089 (Fla. 2d DCA 1996). This provision would be inapplicable if the DUI were prosecuted in juvenile court because W.W. would not be convicted of DUI, but rather only adjudicated guilty of a delinquent act. Further, should W.W. be convicted of DUI upon b…
Authorities Cited
- State v. Elory T. Scott, 611 So. 2d 596 (Fla. 2d DCA 1993)
- State v. Griffith, 540 So. 2d 916 (Fla. 2d DCA 1989)
- Randolph v. State, 626 So. 2d 1006 (Fla. 2d DCA 1993)