STATE v. OATES

No. 91-03737.

610 So.2d 522 (1992)

STATE of Florida, Appellant, v. Richard Jerome OATES, Appellee.

District Court of Appeal of Florida, Second District.

November 25, 1992.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellee.


CAMPBELL, Judge.

The state argues that the court improperly sentenced Oates to serve two years in prison without adjudicating him guilty. Although this is not what the trial court intended to do, this was the practical effect of the orders sentencing Oates. As such, the sentencing was improper.

As a general rule, adjudication cannot be withheld if a defendant is incarcerated. State v. Green, 581 So.2d 1008 (Fla. 4th...

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