543 SO2D 398 - State v. Seward

How this case has been cited

Cited by 5 later decisions — most recently September 2015

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *399 Robert A. Butterworth, Atty. Gen., Tallahassee, Robert S. Jaegers, and Joan Fowler, Asst. Attys. Gen., West Palm Beach, for appellant.

¶2Daniel L. Tedesco and David A. Corden, Fort Lauderdale, for appellee.

¶3PER CURIAM.

¶4The defendant was sentenced to time served and adjudication was withheld. This was improper and we reverse.

¶5Under Florida Rule of Criminal Procedure 3.670 and Thomas v. State,356 So.2d 846 (Fla. 4th DCA 1978), adjudication cannot be withheld if a jail term is imposed. However, adjudication can be withheld if the defendant is put on probation rather than incarcerated. See State v. Scarantino,543 So.2d 399 (Fla. 4th DCA 1989).

¶6Since both the defendant and the state were satisfied with the withholding of adjudication, we remand to the trial court with instructions to impose probation with a condition that the defendant serve two days in jail, with credit for the two days which she has already served. See § 948.03, Fla. Stat. (1987); Smith v. State,484 So.2d 581 (Fla. 1986); Lewis v. State,298 So.2d 540 (Fla. 4th DCA 1974); State v. Williams,237 So.2d 69 (Fla. 2d DCA 1970).

¶7REVERSED AND REMANDED.

¶8LETTS, DELL and WALDEN, JJ., concur.