Lewis v. State

298 So. 2d 540 (Fla. Dist. Ct. App. 1974) · District Court of Appeal of Florida, Fourth District · August 9, 1974 · No. No. 74-221

Summary

The Florida Fourth District Court of Appeal considered whether an order withholding adjudication and placing the defendant on five years of probation, conditioned on serving ten months in county jail, was void. The court distinguished cases involving an adjudication of guilt and an imposed sentence, holding that the probation order was valid under Florida law. After the defendant escaped and his probation was revoked, the court affirmed the revocation order and resulting sentence.

Holdings

  1. An order withholding adjudication of guilt and placing a defendant on probation for five years, conditioned on the defendant first spending ten months in the Orange County Jail, is valid under Florida law.
  2. Cases holding a probationary portion of an imposed sentence void when the sentence included county-jail confinement did not apply because Lewis had not been adjudicated guilty and had not received a sentence before probation was imposed.

Questions Presented

  1. Whether an order withholding adjudication and placing a defendant on probation for five years, conditioned on the defendant first spending ten months in county jail, was null and void.
  2. Whether Florida law permits imprisonment in county jail as a condition of probation when adjudication of guilt is withheld and no sentence has been imposed.

Disposition

affirmed

Cases Cited (16)

  • Williams v. State, 280 So. 2d 518 (Fla. 3d D.C.A. 1973)(distinguished)
  • Bryant v. State, 290 So. 2d 122 (Fla. 3d D.C.A. 1974)(distinguished)
  • Harris v. State, 288 So. 2d 552 (Fla. 3d D.C.A. 1974)(distinguished)
  • Kohn v. State, 289 So. 2d 48 (Fla. 3d D.C.A. 1974)(distinguished)
  • McNeill v. State, 287 So. 2d 745 (Fla. 3d D.C.A. 1974)(distinguished)
  • Reynolds v. State, 293 So. 2d 743 (Fla. 3d D.C.A. 1974)(distinguished)
  • Cleveland v. State, 287 So. 2d 347 (Fla. 3d D.C.A. 1973)(distinguished)
  • Hutchins v. State, 286 So. 2d 244 (Fla. 3d D.C.A. 1973)(distinguished)
  • Metchik v. State, 286 So. 2d 269 (Fla. 3d D.C.A. 1973)(distinguished)
  • Mylks v. State, 285 So. 2d 434 (Fla. 3d D.C.A. 1973)(distinguished)

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