ELIEZER NEGRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Eliezer Negron appealed his resentencing after entering a no-contest plea with adjudication withheld and successfully completing probation. The court reversed because a prior robbery with a firearm conviction should not have been included in the sentencing scoresheet calculation, as a withheld adjudication does not constitute a 'conviction' under Florida sentencing guidelines.
A no-contest plea followed by a withhold of adjudication does not constitute a 'conviction' under Florida sentencing guidelines and should not be included as prior record in sentencing calculations.
[1] A prior offense for which adjudication was withheld and probation was successfully completed does not constitute a 'conviction' for purposes of scoring under the sentenci…
[2] A no contest plea followed by a withhold of adjudication does not result in a 'conviction' under Florida law.
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Join FLexlaw to unlock all legal intelligence“a no-contest plea followed by a withhold of adjudication is not a 'conviction.'”
Establishes the legal standard that distinguishes between convictions and withheld adjudications for sentencing purposes
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Join FLexlaw to unlock all legal intelligenceNegron was resentenced pursuant to Heggs v. State. During resentencing, the trial court included a prior offense of robbery with a firearm in the sent…
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THOMPSON, C.J.
Eliezer Negron appeals the sentence imposed after resentencing pursuant Heggs v. State, 759 So. 2d 620 (Fla.2000). During sentencing, the court included in the score sheet calculation a prior offense of robbery with a firearm. Appellant contends that the offense should not have been scored because Negron had entered a no contest plea, had adjudication withheld, and successfully completed probation. We agree and reverse.
Rule 3.702(d)(2), Florida Rules of Criminal Procedure, provides:
(2) ‘Conviction’ means a determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.
In Batchelor v. State, 729 So. 2d 956, 958 (Fla. 1st DCA 1999) the court stated:
Our research leads us to conclude that this definition, is nothing more than an effort to codify case law. In Florida, it is generally recognized that “the term ‘conviction’ means determination of guilt by verdict of the jury or by plea of guilty, and does not require adjudication by the court.” State v. Gazda, 257 So. 2d 242, 243-44 (Fla.1971). An adjudication of guilt following a plea of no contest also qualifies as a “conviction.” Raydo v. State, 696 So. 2d 1225 (Fla. 1st DCA 1997), approved in part and quashed in part, 713 So. 2d 996 (Fla.1998). However, a no-contest plea followed by a withhold of adjudication is not a “conviction.” Garron v. State, 528 So. 2d 353 (Fla.1988). Accord United States v. Willis, 106 F. 3d 966 (11th Cir.1997) (interpreting Florida law). Having alleged that he pleaded no contest to the robbery with a firearm charge, that adjudication was withheld, and that he successfully completed his probation, it seems to us that appellant has established a prima facie claim that the robbery with a firearm should not have been scored as prior record, and that trial counsel was ineffective in failing to object to its being scored.
The state argues that this interpretation flies in the face of the rule, and that Batchelor relied on pre-guidelines case law in interpreting the rule. However, in St. Lawrence v. State, 785 So. 2d 728, 730 (Fla. 5th DCA 2001) this court held: “Because a plea of no contest with an adjudication of guilt withheld and with probation successfully completed does not entail a ‘determination of guilt,’ such offenses should not be included as ‘prior record’ under the sentencing guidelines.” This court relied on the above quote from Batchelor. Id. Further, in State v. Freeman, 775 So. 2d 344 (Fla. 2d DCA 2000), the second district aligned itself with Batchelor in this regard. Accordingly, the sentence in this ease is reversed and the cause remanded for re-sentencing in accordance with Batchelor and Lawrence.
REVERSED AND REMANDED.
PLEUS, J., concurs.
SAWAYA, J., concurs in result only.
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Montgomery v. State, 821 So. 2d 464 (Fla. 4th DCA 2002)…528 So. 2d 353 (Fla.1988), in which our supreme court came to that conclusion for purposes of sentencing in a death penalty case. Two other courts have agreed with Batchelor. See State v. Freeman, 775 So. 2d 344 (Fla. 2d DCA 2000); Negron v. State, 799 So. 2d 1126 (Fla. 5th DCA 2001). In Hill v. State, 805 So. 2d 61 (Fla. 3d DCA 2002), the third district, in dicta, disagreed with Batchelor. We disagree with Batchelor and those cases which have followed it because Gar-rón, the case on which the Batchelor cour…
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Cella v. State, 831 So. 2d 716 (Fla. 5th DCA 2002)…. Stat. (2001). Moreover, Florida courts have consistently held that when a defendant pleads nolo contendere and the trial court withholds adjudication of guilt, as the trial court did with Celia, the defendant is not convicted. See Negron v. State, 799 So. 2d 1126, 1126 (Fla. 5th DCA 2001) (“[A] no-contest plea followed by a withhold of adjudication is not a ‘conviction.’ ”) (citing Garron v. State, 528 So. 2d 353 (Fla.1988)); see also United States v. Willis, 106 F. 3d 966 (11th Cir.1997) (interpreting Flori…
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State v. Mason, 979 So. 2d 301 (Fla. 5th DCA 2008)…ANDER, JJ„ concur. . In Montgomery, 897 So. 2d 1282, the Florida Supreme Court approved of the Fourth District Court’s decision in Montgomery v. State, 821 So. 2d 464 (Fla. 4th DCA 2002), and disapproved of this Court’s decision in Negron v. State, 799 So. 2d 1126 (Fla. 5th DCA 2001), the First District Court’s decision in Batchelor v. State, 729 So. 2d 956 (Fla. 1st DCA 1999), and the Second District Court’s decision in State v. Freeman, 775 So. 2d 344 (Fla. 2d DCA 2000), and departed from its own holding in…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Garron v. State, 528 So. 2d 353 (Fla. 1988)
- State v. Gazda, 257 So. 2d 242 (Fla. 1971)
- ST. Lawrence v. State, 785 So. 2d 728 (Fla. 5th DCA 2001)
- State v. Raydo, 713 So. 2d 996 (Fla. 1998)
- Batchelor v. State, 729 So. 2d 956 (Fla. 1st DCA 1999)
- United States v. Willis, 106 F.3d 966 (11th Cir. 1997)
- State v. Freeman, 775 So. 2d 344 (Fla. 2d DCA 2000)
- Raydo v. State, 696 So. 2d 1225 (Fla. 1st DCA 1997)