State v. Scarantino

STATE of Florida, Appellant, v. Raymond Louis SCARANTINO, Appellee.

District Court of Appeal of Florida

Decided May 17, 1989.

District Court of Appeal of Florida · decided 1989-05-17

Key passage — most relied on by later courts

“Under 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.”

quoted by 1 later decision, including 264 So. 3d 389 - Wykretowicz v. State

Relies on 356 So. 2d 846 - Thomas v. State · State v. Seward

Good law ✅— No negative treatment on recordhow we know

Decided 1989-05-17

How this case has been cited

Cited by 7 later decisions — most recently February 2019

7 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.

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¶1Robert A. Butterworth, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellant.

¶2Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.

¶3LETTS, Judge.

¶4The defendant was sentenced to ninety days in the county jail 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. Seward,543 So.2d 398 (Fla. 4th DCA 1989).

¶6Accordingly, we reverse. We remand for further proceedings not inconsistent herewith.

¶7REVERSED AND REMANDED.

¶8DELL and GUNTHER, JJ., concur.