THE STATE OF FLORIDA, APPELLANT,
v.
LEON PEARSON, APPELLEE
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The State appeals a trial court's order withholding adjudication for a second-degree felony, arguing the court violated Florida Statutes §775.08435, which prohibits withholding adjudication for a second-degree felony when the defendant has a prior withholding of adjudication for a felony. The appellate court agreed with the State and reversed, holding that the statutory prohibition applied.
No. Section 775.08435 prohibits withholding adjudication for a second-degree felony if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction. The trial court erred in imposing the withhold of adjudication and the order must be reversed.
[1] A trial court errs when it withholds adjudication for a second-degree felony if the defendant has a prior withholding of adjudication for a felony that did not arise from…
[2] A prior withholding of adjudication for a felony is established by informing the trial court of the specific prior conviction and objecting to a subsequent withhold of ad…
Previewing 2 of 3 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“no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense”
This quote states the statutory prohibition at issue, which the trial court violated by withholding adjudication for Pearson's second-degree felony despite his prior withholding.
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Join FLexlaw to unlock all legal intelligenceLeon Pearson was charged with a second-degree felony. The trial court withheld adjudication on this charge. However, the record showed that Pearson ha…
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The State of Florida appeals the trial court’s order withholding adjudication. The trial court erred when it imposed a withhold of adjudication for a second-degree felony where the defendant, Leon Pearson, had a previous withhold of adjudication for a felony. Section 775.08435, Florida Statutes (2009), provides that “no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense.” The record reflects that the State made it clear to the trial court that, on January 8, 2009, Pearson had a prior withhold of adjudication entered for possession of a controlled substance. The State showed this prior offense to defense counsel, and there was no dispute regarding the existence of this pri- or offense.
*916We disagree with Pearson that the error was not preserved for appellate review. The State properly preserved the issue for appeal when it informed the trial court of Pearson’s specific prior conviction for possession of a controlled substance and then objected to the trial court’s withhold of adjudication. Moreover, the record reflects that the State subsequently renewed the objection and directed the trial court to the relevant portion of the statute pertaining to withholding of adjudication for second degree felonies. See State v. Johnson, 990 So.2d 1115 (Fla. 3d DCA2008).
Accordingly, we reverse the trial court’s order imposing Pearson’s downward departure in the form of a second withhold of adjudication and remand so that the trial court can either adjudicate the defendant or allow the defendant to withdraw his plea.
Reversed and remanded.