STATE OF FLORIDA, APPELLANT,
v.
ANDREW MESSINA, APPELLEE
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.
Florida appealed a trial court's sentencing of Andrew Messina for possession of marijuana with intent to sell, arguing the sentence was illegal. The court held that withholding adjudication without imposing probation violates Florida law, which requires probation when adjudication is withheld.
A trial court may not withhold adjudication of guilt without placing the defendant on probation, as Florida Statute § 948.01 requires that when adjudication is withheld, the defendant must be placed on probation. The sentence imposed was illegal and must be reversed and remanded for resentencing.
[1] A trial court may withhold adjudication of guilt only if the defendant is placed on probation, where allowed by law.
[2] A sentence that withholds adjudication of guilt without imposing probation is an illegal sentence.
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“the court ... may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt; and, in either case, it shall stay and withhold the imposition of sentence upon such defendant and shall place the defendant upon probation.”
Section 948.01 requirement that probation must accompany withheld adjudication
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAndrew Messina pleaded guilty to possession of marijuana with intent to sell (a third-degree felony under Fla. Stat. § 893.13(l)(a)2.). The trial cour…
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 Withheld Adjudication cases and more on FLexlaw
The state appeals the sentence imposed upon Andrew Messina by the trial court. Messina pleaded guilty to possession of marijuana with intent to sell pursuant to section 893.13(l)(a)2., Florida Statutes (2007), a third degree felony. Over the state’s objection, the trial court sentenced Messina to time served and withheld adjudication. The state argues the trial court imposed an illegal sentence. We agree and reverse.
In State v. Tribble, 984 So.2d 639 (Fla. 4th DCA 2008), after the defendant pleaded guilty to possession of cocaine, the trial court imposed court costs and withheld adjudication. The state objected to the sentence as illegal. The state appealed and this court held:
The result in this case is controlled by statute. Section 921.187(l)(a)3., Florida Statutes (2006), provides that the court may “[pjlace the offender on probation with or without an adjudication of guilt pursuant to s. 948.01” if a prison sentence is not imposed. Section 948.01, Florida Statutes (2006), provides that “the court ... may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt; and, in either case, it shall stay and withhold the imposition of sentence upon such defendant and shall place the defendant upon probation.” The Rules of Criminal Procedure confirm the limited options available to the trial court. “[Wjhere allowed by law, the judge may withhold an adjudication of guilt if the judge places the defendant on probation.” Fla. R.Crim. P. 3.670.
Id. at 640 (footnote omitted). Because Messina’s sentence did not include probation, it is not authorized by the law. We, accordingly, reverse and remand for resen-tencing.
Additionally, in its brief, the state also asserts that in order for Messina to have adjudication withheld, he must be sentenced under section 948.034(1), Florida Statutes (2007), which requires, among other things, that the offender reside at a community residential drug punishment center for ninety days. That section is applicable to offenders who violated section 893.13(l)(a)l., Florida Statutes (2007). Appellant violated section 893.13(l)(a)2., the third degree felony, which is not governed by section 948.034(1). Section 948.034(2)(a), Florida Statutes (2007), is the subsection applicable to Messina’s offense.
Reversed and Remanded.
STEVENSON, HAZOURI and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Bryant Santana Rivera, 249 So. 3d 1314 (Fla. 5th DCA 2018)…ce a felony defendant upon probation." Finally, Florida Rule of Criminal Procedure 3.670 provides that "where allowed by law, the judge may withhold an adjudication of guilt if the judge places the defendant on probation." See also State v. Messina, 13 So. 3d 153, 154 (Fla. 4th DCA 2009) (finding withholding of adjudication without imposition of probation to be illegal); State v. Penn, 881 So. 2d 67, 68-69 (Fla. 5th DCA 2004) (noting that trial court erred by withholding adjudication without imposing probati…
-
State v. Bryant S. Rivera (Fla. 5th DCA 2018)
Authorities Cited
- State v. Tribble, 984 So. 2d 639 (Fla. 4th DCA 2008)