ROBERT SCHULTZ, PETITIONER,
v.
STATE OF FLORIDA, THE OFFICE OF THE STATE ATTORNEY, SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, SOUTH SATELLITE COURTHOUSE, RESPONDENTS
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An order withholding adjudication of guilt in a criminal case is appealable at the time of its rendition, even without probation.
Petitioner was convicted of driving with a suspended license, with adjudication withheld. The circuit court dismissed petitioner's appeal for lack of …
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PER CURIAM.
This is a petition for writ of certiorari addressed to an order entered by the circuit court in its appellate capacity. The circuit court dismissed petitioner’s appeal based on lack of jurisdiction. However, Waite v. City of Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996), decided after the circuit court’s dismissal, controls the outcome here and requires that we grant the petition.
In this case, petitioner was convicted in the Broward County Court of driving with a suspended or revoked license. The county court withheld adjudication and assessed petitioner $75.00 in court costs.
The issue here, as in Waite, is whether a defendant found guilty in a criminal case may appeal from an order withholding adjudication of guilt, without having been placed on probation. In Waite we concluded, based on an analysis of the applicable statutes and procedural rules, that an order withholding adjudication is appealable at the time of its rendition.
In Waite we noted the second district’s contrary ruling in Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992), and certified conflict with it. The state concedes that Waite is controlling but requests that we recertify conflict.
Accordingly, we grant the petition for writ of certiorari and quash the order dismissing petitioner’s circuit court appeal on the au thority of Waite. As we did in Waite, we again certify conflict with Martin.
STONE, C.J., and WARNER and PARIENTE, JJ., concur.
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Payton v. State, 732 So. 2d 1044 (Fla. 1999)…on in Payton v. State, 23 Fla. L. Weekly D1817, 732 So. 2d 1086 (Fla. 2d DCA 1998), which the district court certified to be in conflict with the opinions in Waite v. City of Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996), and Schultz v. State, 700 So. 2d 56 (Fla. 4th DCA 1997), approved, 720 So. 2d 247 (Fla. 1998). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. The district court below held that an order withholding adjudication without imposing probation is…
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State v. Schultz, 720 So. 2d 247 (Fla. 1998)…HARDING, Chief Justice. We have for review the decision in Schultz v. State, 700 So. 2d 56 (Fla. 4th DCA 1997), which the district court certified to be in conflict with the opinion in Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. For the reasons…
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Payton v. State, 732 So. 2d 1086 (Fla. 2d DCA 1998)…n for writ of certiorari, strike the $253 in costs, and otherwise dismiss the appeal. In doing so, we certify conflict with the Fourth District’s decisions in Waite v. City of Ft. Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996), and Schultz v. State, 700 So. 2d 56 (Fla. 4th DCA 1997), review granted, 707 So. 2d 1127 (Fla.1998). CAMPBELL, A.C.J., and NORTHCUTT, J., concur.…
Authorities Cited
- Waite v. City OF Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996)
- Jeffalon Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992)