Sanchez v. State

District Court of Appeal of Florida

Decided April 20, 1988

District Court of Appeal of Florida · decided 1988-04-20

Cited by 9 later decisions — most recently June 1998

9 state decisions

Key passage — most relied on by later courts

“whether an adjudication of guilt, imposed in conjunction with a probation sentence, may be vacated after 60 days incident to the authority of the sentencing court regarding the probation supervision.”

quoted by 1 later decision, including 541 So. 2d 1140 - Sanchez v. State

Relies on 485 So. 2d 42 - Thompson v. State · 464 So. 2d 188 - State v. Beardsley

Good law ✅— No negative treatment on recordhow we know

Decided 1988-04-20

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¶1ON MOTION FOR REHEARING

¶2We grant appellant’s motion for rehearing. The opinion of March 2, 1988 is withdrawn. We substitute the following opinion:

PER CURIAM.

¶3The defendant was adjudicated guilty of trafficking in cannabis and placed on three years probation. After serving two-thirds of that sentence, he filed motions to mitigate the term of probation and to vacate the adjudication. The trial court granted early termination of the term, but denied the motion to vacate the adjudication of guilt.

¶4Affirmed. See State v. Beardsley, 464 So.2d 188 (Fla. 4th DCA 1985). We certify conflict with Thompson v. State, 485 So.2d 42 (Fla. 1st DCA 1986), as to whether an adjudication of guilt, imposed in conjunction with a probation sentence, may be vacated after 60 days incident to the authority of the sentencing court regarding the probation supervision.

GLICKSTEIN and STONE, JJ., and TOBIN, DAVID L., Associate Judge, concur.