STATE OF FLORIDA, APPELLANT,
v.
BRANDON LAMAR CULVER, APPELLEE

Fla. 5th DCA | 2011-06-17
No. 5D10-3387
ORFINGER, COHEN and JACOBUS, JJ., concur.
63 So. 3d 891 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 4 cases
Topics
Withholding Adjudication Of Guilt

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The State appeals the trial court’s decision to withhold adjudication of guilt following Brandon Culver’s no contest plea to a charge of fleeing and eluding a law enforcement officer in violation of section 316.1935(1), Florida Statutes (2009).

Section' 316.1935(6) expressly prohibits the court from "withholding adjudication of guilt for any violation of section 316.1935. See State v. Warner, 50 So.3d 99 (Fla. 4th DCA 2010); State v. Scriber, 991 So.2d 969 (Fla. 4th DCA 2008) (holding trial court not permitted by statute to withhold adjudication of guilt in light of fleeing and eluding statutes express prohibition). For this reason, we reverse that portion of the sentencing order withholding adjudication and remand this matter to the circuit court for further proceedings.

REVERSED and REMANDED.

ORFINGER, COHEN and JACOBUS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Joronjaye Leprino Teague, 275 So. 3d 828 (Fla. 5th DCA 2019)
    …possession of twenty grams of cannabis in violation of section 893.13(6)(a), Florida Statutes (2017). "Section 316.1935(6) expressly prohibits the court from withholding adjudication of guilt for any violation of section 316.1935." State v. Culver, 63 So. 3d 891 (Fla. 5th DCA 2011) (citing State v. Warner, 50 So. 3d 99 (Fla. 4th DCA 2010); State v. Scriber, 991 So. 2d 969 (Fla. 4th DCA 2008)).1 Consequently, we reverse the portion of the sentencing order withholding adjudication for fleeing and eluding a la…
  • State v. Rapson (Fla. 2d DCA 2019)
    …apson concedes error on this point. "Section 316.1935(6) expressly prohibits the court from withholding adjudication of guilt for any violation of section 316.1935." State v. Teague, 275 So. 3d 828, 829 (Fla. 5th DCA 2019) (quoting State v. Culver, 63 So. 3d 891, 891 (Fla. 5th DCA 2011)); see also State v. Warner, 50 So. 3d 99, 100 (Fla. 4th DCA 2010); State v. Scriber, 991 So. 2d 969, 970 (Fla. 4th DCA 2008). Accordingly, we reverse that portion of the sentencing order withholding adjudication of guilt fo…
  • State v. Hanberry (Fla. 5th DCA 2024)

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