CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2000 WL 518089
...whether section
775.21(5)(a), Florida Statutes is an unconstitutional encroachment on powers vested in the judiciary. The statute plainly directs the trial judge to make a particular kind of judicial declaration. In this respect, it is analogous to section
316.656, Florida Statutes, which requires trial judges to adjudicate defendants guilty in certain cases. A previous version of section
316.656 was challenged as a violation of the separation of powers clause in Article II, section 3 of the Florida Constitution, presumably because "adjudication" is by definition a judicial function....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2552
...the trial court's conclusion that its findings on the remainder warranted treatment as an adult. The trial court did not abuse its discretion in failing to treat defendant as a juvenile. The state argues that the trial court ignored the dictates of section 316.656(1), Florida Statutes (1983), which prohibits the court from withholding adjudication of guilt for manslaughter resulting from the operation of a motor vehicle....
...nt, and service of not more than two years in a community control program. These alternatives are the exclusive penalties available when a person is classified a youthful offender. Consequently, if the court had so classified defendant in this case, section 316.656(1) would be inapplicable....
...The withholding of adjudication together with the imposition of two years in community control would be consistent with a youthful offender sentence. Since the sentence, as imposed, is illegal whether or not under Chapter 958, we vacate defendant's sentence and remand for resentencing. Section 316.656(1) requires an adjudication of guilt if defendant is not classified a youthful offender....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 23 Fla. L. Weekly Fed. D 2543
...The issue today is whether we were in error in so limiting the judge's sentencing discretion and thus whether in this appeal we should relax the law of the case doctrine to that extent to correct a manifest injustice. The statute that commanded our principal holding in the previous appeal was section 316.656(1) [1] which we held barred the judge from withholding adjudication and suspending sentence for a successive DUI conviction....
...We therefore reverse and remand to the trial judge to consider and impose, if he be so advised, a departure sentence. Upon imposition of any departure sentence, we may then review the sufficiency of the reasons given by the trial judge for departing from the guidelines. DELL and SHAHOOD, JJ., concur. NOTES [1] § 316.656, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 106443
...Rowell pleaded guilty to driving under the influence and driving while his license was suspended. [1] The trial court sentenced Rowell to five years' drug offender probation and withheld an adjudication of guilt as to the driving under the influence offense. Section 316.656(1), Florida Statutes (1993), provides: "Notwithstanding the provisions of s....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1989 WL 29020
...revocation of his driving privileges. The disposition was consistent with the sentencing guidelines recommendation of "any non-state prison sanction." The trial court also withheld adjudication of guilt. The state argues, and Griffith concedes, that section
316.656, Florida Statutes (1985), precludes the trial court from withholding adjudication of guilt for any violation of section
316.193....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2037, 1984 Fla. App. LEXIS 15053
...At sentencing on count I, adjudication of guilt was withheld and appellee was placed on five years probation with the special condition that he spend eleven and one-half months in the county jail. The state objected to the withholding of adjudication on the grounds stated above. Section 316.656, Florida Statutes, did not become effective until October 1,1983, subsequent to the date appellee was charged. See ch. 83-228, § 12, Laws of Florida. Accordingly, the trial court correctly found that the mandatory adjudication provisions of section 316.656 did not apply in this case....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 13445, 2004 WL 2008293
...Such period of supervision shall not exceed the maximum sentence for the offense for which the youthful offender was found guilty. (Emphasis added.) The trial court here stated it believed the youthful offender statute could not be used to circumvent mandatory adjudication for DUI under section 316.656(1), Florida Statutes (2002), which provides: (1) Notwithstanding the provisions of s....
...ence for any violation of s. *379
316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide. (Emphasis added.) The trial court was mistaken. If the trial court classifies a defendant as a youthful offender, section
316.656(1) is inapplicable....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685
...on from the county courts thereby making the provisions of present Rule 6,185 inapplicable — to practice in Traffic Court subsequent-to October-l-r-1996, RULE 6.290. WITHHOLDING ADJUDICATION PROHIBITED* — WHEN Pursuant to the — provisions-of—section 316.656, Florida Statutes, no court shall suspend, defer, or withhold adjudication of guilt or the imposition of sentence for the offense of driving or being in actual physical control of a motor vehicleT while having an unlawful blood alcoho...
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...Accordingly, it is my opinion that the county court, as the court having jurisdiction over traffic violations, is authorized by law to exercise jurisdiction to hear a case in which a juvenile is charged with driving while intoxicated, unless such offense is punishable by law as a felony. QUESTION TWO Section 316.656 (1), F.S., provides in pertinent part that, "[n]otwithstanding the provisions of s....
...39 that child has committed a delinquent act shall not be deemed a conviction, except that adjudication that juvenile has committed a delinquent act, including a violation of Ch. 316 , F.S., shall constitute a "conviction" for purposes of Ch. 322 , F.S.). However, in view of the legislative scheme evinced by s. 316.656 (1) and in further view of the rule that a specific statutory enactment relating to a particular subject matter controls over a more general grant of power, I am of the view that the legislative determination that "no court may suspend, defer, or withhold adjudication of guilt ....
...the court having jurisdiction over traffic violations, is authorized by law to exercise jurisdiction to hear a case in which a juvenile is charged with driving while intoxicated, unless such offense is punishable by law as a felony. (2) Pursuant to s. 316.656 , F.S., a court is not authorized by law to withhold adjudication of guilt when a juvenile is convicted of driving while intoxicated....
CopyPublished | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 6301, 1992 WL 110913
WIGGINTON, Judge. The state’s petition for writ of mandamus is GRANTED. State v. Whitaker,
590 So.2d 1029 (Fla. 1st DCA 1991). The trial court is hereby directed to adjudicate respondent Wager guilty, in compliance with section
316.656(1), Florida Statutes, of driving under the influence of alcoholic beverages as proscribed by section 316.-193(2)(b), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 3852, 1992 WL 59249
...ondition of thirty days in the county jail. In addition, appellee was required to make restitution for property damage, to pay a fine of $1,000.00, and to perform 150 hours of community service during the probationary period. The state contends that section
316.656, Florida Statutes (1989), does not permit the trial court to withhold adjudication of guilt for any violation of section
316.193....
...(Emphasis supplied.) The second district held that “the sentencing requirements of this section are mandatory and cannot be circumvented.” *500 State v. Griffith,
540 So.2d 916 (Fla. 2d DCA 1989). We agree since appellee in this case pled nolo contendere to a violation of section
316.193(2)(b), the provisions of section
316.656(1) apply....
...Section 316.-656(1), expressly precludes withholding of adjudication “for any violation of s. 316.-193.” Therefore, the trial court was not authorized to withhold adjudication in this instance. Accordingly, this cause is remanded with directions to pronounce adjudication of guilt in accordance with the provisions of section 316.656(1), Florida Statutes (1989)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 8589, 1997 WL 423446
...The trial judge imposed a concurrent 52 month sentence on both counts but then suspended it and imposed 5 years drug offender probation. The previous probation was reinstated to run consecutively to the new probation. The state appeals, and we reverse. Section
316.656(1) provides as follows: “(1) Notwithstanding the provisions of s.
948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s.
316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.”
316.656(1), Fla. Stat. (1995). Defendant was convicted on his plea of guilty to an offense under section
316.193, driving while under the influence but not involving any death. He argues that section
316.656(1) is limited to only those DUI offenses involving death and therefore the trial judge had discretion to suspend the recommended guidelines sentence and impose probation without any period of incarceration....
...correspondingly, the penalties. It is, however, a separate kind of offense under section 319.193, but not the only kind of offense. As subsection (1) shows, one can be guilty of a DUI violation without causing any injury. The three categories under section
316.656(1) are therefore (A) any section
316.193 offense, (B) manslaughter, and (C) vehicular homicide....
CopyPublished | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 8221, 1992 WL 164178
...Wager,
599 So.2d 267 (Fla. 1st DCA 1992); State v. Whitaker,
590 So.2d 1029 (Fla. 1st DCA 1991); see State v. Griffith,
540 So.2d 916 (Fla. 2d DCA 1989). The trial court is directed to adjudicate Carter guilty, in compliance with the mandatory requirement set forth in section
316.656(1), Florida Statutes (1989), of driving under the influence of alcoholic beverages as proscribed by section
316.193(2)(b), Florida Statutes (1989)....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 18681
...775.08435(1)(a) is inapplicable to, and does not supersede, a judgment and
sentence imposed pursuant to the Youthful Offender Act. See Sloane v. State,
884
So. 2d 378 (Fla. 2d DCA 2004) (holding that the mandatory adjudication provision
for one found guilty of DUI (§
316.656(1), Fla....
...Stat.) is inapplicable where a
defendant is sentenced as a youthful offender); State v. Gibron,
478 So. 2d 475
(Fla. 2d DCA 1985) (recognizing that the Youthful Offender Act permits the trial
court to withhold adjudication for the offense of vehicular manslaughter, even
though section
316.656(1) prohibits the trial court from withholding an
adjudication of guilt for such offense)....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 12519, 1991 WL 265065
JOANOS, Chief Judge. The state seeks review of the trial court’s denial of its motion to correct sentence. The sole issue raised in this appeal is whether section
316.656, Florida Statutes (1989), authorizes the trial court to withhold adjudication of guilt for violations of section
316.193, Florida Statutes....
...ant to perform 150 hours of community service work and to work thirty weekends with the Washington County work squad, and suspended appellant’s driver’s license for life. The state filed a motion to correct sentence, maintaining that pursuant to section
316.656, Florida Statutes, adjudication of guilt must be pronounced for any violation of section
316.193. We agree. Section
316.656(1), Florida Statutes (1989), the governing section, provides: (1) Notwithstanding the provisions of s....
...ovided in s. 775.-082, s.
775.083, or s.
775.084. Evidence adduced at the hearing in this cause established that appellant’s prior record of DUI convictions was such that the instant offense was converted into a third degree felony by operation of section
316.656(2)(b). Consequently, the only question for resolution is whether, under the provisions of section
316.656, the trial court was permitted any discretion to withhold adjudication of guilt....
...formal adjudication, in three previous prosecutions, could not be punished as severely as the drunken driver whose single previous offense resulted in conviction.” Id. See also State v. Griffith,
540 So.2d 916 (Fla. 2d DCA 1989), holding that the section
316.656(1) adjudication provision is mandatory, and precludes the trial court from withholding adjudication of guilt for any violation of section
316.193. This cause is remanded with directions to pronounce adjudication of guilt in accordance with the mandatory requirement set forth in section
316.656(1)....
CopyPublished | Florida 5th District Court of Appeal | 2009 WL 2632174
...Palm Beach County Canvassing Bd. v. Harris,
772 So.2d 1273, 1287 (Fla.2000). It seems apparent that the intent of the Legislature was to exempt chapter 316 misdemeanor traffic violations from the benefits of juvenile court. This is further evidenced by the prohibition, within section
316.656(1), of withholding adjudication upon conviction for driving under the influence....
CopyPublished | Florida 4th District Court of Appeal
...jeopardy).
Finally, we address Kramer’s argument that the trial court erred in
sentencing her immediately after the return of verdict rather than
continuing the sentencing hearing. In declining to continue sentencing,
the trial court relied on section
316.656(1), Florida Statutes (2017), which
provides, in pertinent part, that “[n]otwithstanding the provisions of s.
948.01, no court may suspend, defer, or withhold adjudication of guilt or
imposition of sentence for any violation of s....
