CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 1816711
...Florida Rule of Criminal Procedure 3.111.(b)(1) permits a judge to deny indigent persons counsel for a misdemeanor, "if the judge, prior to trial, files in the cause a statement in writing that the defendant will not be imprisoned if convicted." It does not appear that any statement was filed. In addition, section 918.0157 provides that a defendant is entitled to a jury trial "except as to any such prosecution for a violation punishable for a term of imprisonment of 6 months or less, if at the time the case is set for trial the court announces that in the event of conviction of the crime as charged......
...lude that the court must have been relying on this section in announcing that the jury trial was waived, and no imprisonment would be ordered. In Blankenbaker v. State,
744 So.2d 573, 575 (Fla. 2d DCA 1999), the second district held that pursuant to section
918.0157 "once a county court has ordered that a defendant will not be incarcerated and denied that defendant a jury trial based on that commitment, it may not later impose incarceration for a violation of probation." The court concluded that...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 6689, 1996 WL 346096
...of 60 days and because prior to trial the circuit court certified no adjudication and no incarceration in the event of a conviction. The circuit court reasoned that because the concept of withholding adjudication was a concept "alien to common law," section 918.0157, Florida Statutes (1993), which sets forth the procedures by which a court may try a criminal offense nonjury, supplanted common law rights. Under section 918.0157, a defendant being prosecuted for a violation of a state law or a municipal ordinance has a right to trial by jury: [E]xcept as to any such prosecution for a violation punishable for a term of imprisonment of 6 months or less, if at...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 15040, 1999 WL 1024028
...The county judge entered a pretrial order stating that in the event of a conviction, incarceration would not be imposed. In light of that order, whether Blankenbaker in fact demanded a jury trial is not an issue. Based on that order, and in accordance with section 918.0157, Florida Statutes (1997), the county court held a nonjury trial....
...rrect sentence, the county court judge certified the following issue to this court as one of great public importance, pursuant to Florida Rule of Appellate Procedure 9.160: WHEN A COUNTY COURT DENIED A DEFENDANT HIS RIGHT TO A JURY TRIAL PURSUANT TO SECTION 918.0157, MAY IT INITIALLY IMPOSE PROBATION UPON A FINDING OF GUILT AND LATER, UPON A SUB-SEQUENT FINDING OF VIOLATION OF PROBATION, ADJUDICATE GUILT AND IMPOSE IMPRISONMENT? We have accepted jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(4)(A)....
...ime as charged or of any lesser included offense a sentence of imprisonment will not be imposed and the defendant will not be adjudicated guilty, unless a right to trial by jury for such offense is guaranteed under the State or Federal Constitution. § 918.0157....
