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STATE v. SEWARD

No. 88-0421.

543 So.2d 398 (1989)

STATE of Florida, Appellant, v. Angela Marie SEWARD, Appellee.

District Court of Appeal of Florida, Fourth District.

May 17, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, Robert S. Jaegers, and Joan Fowler, Asst. Attys. Gen., West Palm Beach, for appellant.

Daniel L. Tedesco and David A. Corden, Fort Lauderdale, for appellee.

PER CURIAM.

The defendant was sentenced to time served and adjudication was withheld. This was improper and we reverse.

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. However, adjudication can be withheld if the defendant is put on probation rather than incarcerated. See State v. Scarantino...

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