State v. Teague

District Court of Appeal of Florida

State v. Teague

275 So. 3d 828

CourtDistrict Court of Appeal of Florida

DecidedJuly 12, 2019

DocketCase No. 5D18-904

StatusPublished

This text of 275 So. 3d 828 (State v. Teague) 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. Teague, 275 So. 3d 828 (Fla. Ct. App. 2019).

Pincite

Opinion

PER CURIAM.

The State appeals the trial court's decision to withhold adjudication of guilt following a jury trial that found Joronjaye Leprino Teague guilty of fleeing and eluding a law enforcement officer in violation of section 316.1935(1), Florida Statutes (2017), and of possession of twenty grams of cannabis in violation of section 893.13(6)(a), Florida Statutes (2017).

*829" Section 316.1935(6) expressly prohibits the court from withholding adjudication of guilt for any violation of section 316.1935." State v. Culver, 63 So. 3d 891 (Fla. 5th DCA 2011) (citing State v. Warner, 50 So. 3d 99 (Fla. 4th DCA 2010) ; State v. Scriber, 991 So. 2d 969 (Fla. 4th DCA 2008) ).¹ Consequently, we reverse the portion of the sentencing order withholding adjudication for fleeing and eluding a law enforcement officer and remand this matter to the circuit court to enter an adjudication of guilt. We affirm the sentence in all other respects.

AFFIRMED in Part, REVERSED in Part, and REMANDED.

EVANDER, C.J., WALLIS, and EISNAUGLE, JJ., concur.

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PER CURIAM.

The State appeals the trial court's decision to withhold adjudication of guilt following a jury trial that found Joronjaye Leprino Teague guilty of fleeing and eluding a law enforcement officer in violation of section 316.1935(1), Florida Statutes (2017), and of possession of twenty grams of cannabis in violation of section 893.13(6)(a), Florida Statutes (2017).

*829" Section 316.1935(6) expressly prohibits the court from withholding adjudication of guilt for any violation of section 316.1935." State v. Culver, 63 So. 3d 891 (Fla. 5th DCA 2011) (citing State v. Warner, 50 So. 3d 99 (Fla. 4th DCA 2010) ; State v. Scriber, 991 So. 2d 969 (Fla. 4th DCA 2008) ).¹ Consequently, we reverse the portion of the sentencing order withholding adjudication for fleeing and eluding a law enforcement officer and remand this matter to the circuit court to enter an adjudication of guilt. We affirm the sentence in all other respects.

AFFIRMED in Part, REVERSED in Part, and REMANDED.

EVANDER, C.J., WALLIS, and EISNAUGLE, JJ., concur.

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Bluebook (online)

275 So. 3d 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-teague-fladistctapp-2019.

Opinion

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