STATE OF FLORIDA
v.
SCOTT BRADLEY RAPSON

Fla. 2d DCA | 2019-11-01
No. 18-4206
Teodosio
Florida District Court of Appeal, Second District (2019)

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Holding

Section 316.1935(6) expressly prohibits a trial court from withholding adjudication of guilt for any violation of section 316.1935.


Headnotes

[1] A trial court is expressly prohibited by section 316.1935(6), Florida Statutes, from withholding adjudication of guilt for any violation of section 316.1935.

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Key Quotes

“Section 316.1935(6) expressly prohibits the court from withholding adjudication of guilt for any violation of section 316.1935.”

Court's statement of the governing law

Facts & Procedural History

Scott Bradley Rapson entered a no contest plea to fleeing or attempting to elude a law enforcement officer in violation of section 316.1935(3) and als…

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Opinion of the Court

MORRIS, Judge.

The State appeals the trial court's decision to withhold adjudication of guilt following Scott Bradley Rapson's no contest plea to fleeing or attempting to elude a law enforcement officer in violation of section 316.1935(3), Florida Statutes (2017).1 Rapson concedes error on this point. "Section 316.1935(6) expressly prohibits the court from withholding adjudication of guilt for any violation of section 316.1935." State v. Teague, 275 So. 3d 828, 829 (Fla. 5th DCA 2019) (quoting State v. Culver, 63 So. 3d 891, 891 (Fla. 5th DCA 2011)); see also State v. Warner, 50 So. 3d 99, 100 (Fla. 4th DCA 2010); State v. Scriber, 991 So. 2d 969, 970 (Fla. 4th DCA 2008). Accordingly, we reverse that portion of the sentencing order withholding adjudication of guilt for fleeing or attempting to elude a law enforcement officer and we remand this matter to the trial court for further proceedings. In all other respects, we affirm the sentencing order. Affirmed in part, reversed in part, and remanded.

SILBERMAN and LUCAS, JJ., Concur. 1Rapson also entered a no contest plea to driving under the influence. However, the State is not challenging his conviction or sentence for that charge.


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