Billy Joe Fowler v. State of Florida
225 So. 3d 1005
| Fla. Dist. Ct. App. | 2017Background
- Appellant Billy Joe Fowler pleaded to child neglect (no great bodily harm) in Aug. 2015 and was placed on a three-year probation; the court initially withheld adjudication.
- After a Jan. 2016 probation violation, the court again modified probation and withheld adjudication.
- In Mar. 2016 Fowler committed a second probation violation and entered a negotiated plea: probation extended 30 months with conditions including 6 months electronic monitoring and a 24-month Department of Corrections sentence suspended.
- At the hearing Fowler requested withholding of adjudication while receiving a suspended sentence; the trial judge ruled it was unlawful to impose a suspended sentence without adjudicating guilt and said it lacked discretion to withhold adjudication.
- Fowler appealed, arguing a suspended (conditional) sentence does not automatically require adjudication where statutory provisions allow split or suspended terms tied to probation compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court must adjudicate guilt when imposing a suspended sentence concurrent with modifying probation | Fowler: Court may withhold adjudication even while imposing a suspended/split sentence because probation is not a sentence and suspension is contingent/inchoate | State: Imposition of a suspended sentence is equivalent to sentencing and thus requires adjudication | Court: Reversed — trial court erred; it had discretion to withhold adjudication despite imposing a suspended sentence under the circumstances |
Key Cases Cited
- State v. Summers, 642 So. 2d 742 (Fla. 1994) (probationary period is not a sentence)
- Landeverde v. State, 769 So. 2d 457 (Fla. 4th DCA 2000) (treating probation distinct from sentence)
- State v. Powell, 703 So. 2d 444 (Fla. 1997) (trial court may impose a true split sentence with the incarceration suspended)
- State v. Countryman, 132 So. 3d 922 (Fla. 1st DCA 2014) (discussing limits on withholding adjudication after sentencing or revocation)
- State v. Curilly, 126 So. 3d 1244 (Fla. 1st DCA 2013) (same)
- Tucker v. State, 78 So. 3d 36 (Fla. 3d DCA 2012) (same)