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732 So. 2d 1044

732 So.2d 1044

24 Fla.L.WeeklySupp. 101

Payton v. State

Supreme Court of Florida

Decided February 25, 1999

Supreme Court of Florida · decided 1999-02-25

Relies on 681 So. 2d 901 - Waite v. City of Fort Lauderdale · 720 So. 2d 247 - State v. Schultz · Schultz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-02-25

How this case has been cited

Cited by 53 later decisions — most recently November 2018 · most notably 810 So. 2d 901 - Puryear v. State (2002), 923 So. 2d 363 - Wilson v. Salamon (2005)

1 federal appellate · 50 state decisions

380199920002010decided

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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HARDING, C.J.

¶1We have for review the decision in Payton v. State, 23 Fla. L. Weekly D1817, 732 So.2d 1086 (Fla. 2d DCA 1998), which the district court certified to be in conflict with the opinions in Waite v. City of Fort Lauderdale, 681 So.2d 901 (Fla. 4th DCA 1996), and Schultz v. State, 700 So.2d 56 (Fla. 4th DCA 1997), approved, 720 So.2d 247 (Fla. 1998). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

¶2The district court below held that an order withholding adjudication without imposing probation is not an appealable order. In State v. Schultz, 720 So.2d 247 (Fla.1998), this Court held that an order withholding adjudication of guilt without placing the defendant on probation is ap-pealable under Florida Rule of Appellate Procedure 9.140(b)(1)(C). Accordingly, we quash the decision of the district court below and remand this case for proceedings consistent with our opinion in Schultz.

¶3It is so ordered.

SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
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