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State v. Green

581 So. 2d 1008, 1991 Fla. App. LEXIS 6817, 1991 WL 128328
CourtDistrict Court of Appeal of Florida
DecidedJuly 17, 1991
DocketNo. 90-3230
StatusPublished
Cited by6 cases

This text of 581 So. 2d 1008 (State v. Green) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Green, 581 So. 2d 1008, 1991 Fla. App. LEXIS 6817, 1991 WL 128328 (Fla. Ct. App. 1991).

Opinions

PER CURIAM.

Appellee pled guilty to purchasing marijuana after spending eight days in jail. The trial court withheld adjudication and sentenced appellee to time already served in prison. We reverse based on State v. Seward, 543 So.2d 398 (Fla. 4th DCA 1989). Under Florida Rule of Criminal Procedure 3.670 and Thomas v. State, 356 So.2d 846 (Fla. 4th DCA 1978), adjudication can be withheld if the defendant is put on probation, but not if the defendant is incarcerated. See State v. Scarantino, 543 So.2d 399 (Fla. 4th DCA 1989). We remand to the trial court to reconsider whether to adjudicate appellant guilty or to withhold adjudication and place appellant on probation with a special condition of jail time already served.

HERSEY and WARNER, JJ„ concur. ANSTEAD, J., dissents with opinion.

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Cite This Page — Counsel Stack

Bluebook (online)
581 So. 2d 1008, 1991 Fla. App. LEXIS 6817, 1991 WL 128328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-fladistctapp-1991.