Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Willie LARKINS, Jr., Appellant, v. STATE of Florida, Appellee.
AFFIRMED.
Willie Larkins, Jr., pleaded no contest to charges of possession of cocaine, possession of marijuana in an amount less than twenty grams, and possession of drug paraphernalia, reserving the right to appeal the trial court's denial of his dispositive motion to suppress. Pursuant to the parties' plea agreement, Larkins was to be placed on six months of probation for the possession of cocaine count and to receive a two-day “credit for time served” jail sentence on the other counts, with adjudication of guilt being withheld on all counts. Because Larkins has not shown reversible error regarding the denial of his motion, I agree with the affirmance.
I write briefly to address the jail sentences. As I had previously explained in my concurring opinion in Wykretowicz v. State, 264 So.3d 389 (Fla. 5th DCA 2019), the two-day “time served” jail sentence for the possession of marijuana and possession of paraphernalia counts is improper because an adjudication of guilt cannot be withheld when only a jail sentence is imposed. See also State v. Scarantino, 543 So.2d 399, 399 (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 cannot be withheld if a jail term is imposed.”).
Here, the trial court should have explained to the parties that it could only withhold an adjudication of guilt on these two misdemeanor counts if Larkins agreed, as part of the plea, to a short term of probation, with the two days' incarceration as a special condition of probation. Otherwise, the court would be required to adjudicate him guilty on these counts. However, because the State has not challenged these sentences in this direct appeal, this issue has not been preserved for our present review.
PER CURIAM.
WALLIS and GROSSHANS, JJ., concur. LAMBERT, J., concurs specially with opinion.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: Case No. 5D18-3925
Decided: October 04, 2019
Court: District Court of Appeal of Florida, Fifth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)