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Florida Statute 775.14 | Lawyer Caselaw & Research
F.S. 775.14 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 775.14

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.14
775.14 Limitation on withheld sentences.Any person receiving a withheld sentence upon conviction for a criminal offense, and such withheld sentence has not been altered for a period of 5 years, shall not thereafter be sentenced for the conviction of the same crime for which sentence was originally withheld.
History.s. 1, ch. 57-284.

F.S. 775.14 on Google Scholar

F.S. 775.14 on Casetext

Amendments to 775.14


Arrestable Offenses / Crimes under Fla. Stat. 775.14
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.14.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. CLARKE,, 822 F.3d 1213 (11th Cir. 2016)

. . . In Gazda, we held in a different context that “for purposes of construing § 775.14 ... the term ‘conviction . . . Section 775.14 dealt with a statutory limitation on the ability of the state to sentence a defendant . . .

CLARKE, v. UNITED STATES, 184 So. 3d 1107 (Fla. 2016)

. . . In Gazda, we held in a different context that “for purposes of construing § 775.14 ... the term ‘conviction . . . Section 775.14 dealt with a statutory limitation on'the ability of the state to sentence a defendant . . .

J. MAZZA, Jr. v. STATE, 948 So. 2d 872 (Fla. Dist. Ct. App. 2007)

. . . In Gazda, the supreme court addressed section 775.14, Florida Statutes, which prohibits a trial court . . . the court upon the acceptance of his plea to receive the benefit of the time limitation in section 775.14 . . .

SAINZ, v. STATE, 811 So. 2d 683 (Fla. Dist. Ct. App. 2002)

. . . The defendant relies on section 775.14, Florida Statutes, for this proposition. . . . Section 775.14 provides: 775.14 Limitation on withheld sentences. — Any person receiving a withheld sentence . . . In this setting, the 1957 legislature enacted section 775.14. . . . An agreed sentence is not a “withheld sentence” under section 775.14. . . . To that end, section 775.14 created a five-year limitation on withheld sentences. . . . I am now convinced that to allow Sainz to use the statute of limitations of section 775.14, Florida Statutes . . .

SAINZ, v. STATE, 811 So. 2d 674 (Fla. Dist. Ct. App. 2001)

. . . The majority relies on section 775.14, Florida Statutes, for this proposition. . . . Section 775.14 provides: 775.14 Limitation on withheld sentences. — Any person receiving a withheld sentence . . . In this setting, the 1957 legislature enacted section 775.14. . . . An agreed sentence is not a “withheld sentence” under section 775.14. . . . To that end, section 775.14 created a five-year limitation on withheld sentences. . . . We vacate Sainz’ sentence because, pursuant to section 775.14, Florida Statutes (1995), the trial court . . . the Florida Supreme Court: WHETHER THE STATUTE OF LIMITATIONS ON SENTENCING, AS SET FORTH IN SECTION 775.14 . . . Section 775.14, Florida Statutes (1995), provides as follows: Any person receiving a withheld sentence . . . We agree with the dissent that the legislature should repeal section 775.14. . . .

UNITED STATES v. CHUBBUCK,, 252 F.3d 1300 (11th Cir. 2001)

. . . Gazda, 257 So.2d 242, 243-44 (Fla.1971) (stating that “for purposes of construing § 775.14, ... the term . . .

STATE v. McFADDEN,, 772 So. 2d 1209 (Fla. 2000)

. . . 257 So.2d 242, 243-44 (Fla. 1971), this Court construed the term “conviction” for purposes of section 775.14 . . .

STATE v. KEIRN,, 720 So. 2d 1085 (Fla. Dist. Ct. App. 1998)

. . . Gazda, 257 So.2d 242 (Fla.1971), the supreme court confronted section 775.14, which read: Limitation . . . Section 775.14 used the term “conviction” in a way that plainly indicated that there could be a conviction . . .

TAYLOR, v. STATE, 710 So. 2d 636 (Fla. Dist. Ct. App. 1998)

. . . discharged, 110 So.2d 7 (Fla.1959), cert. denied, 361 U.S. 826, 80 S.Ct. 74, 4 L.Ed.2d 69 (1959); see also § 775.14 . . .

UNITED STATES v. GISPERT,, 864 F. Supp. 1193 (S.D. Fla. 1994)

. . . Upon his capture, the defendant moved to vacate the court’s sentence asserting that Florida Statute § 775.14 . . . trial court and held that the defendant was “convicted” in 1963 for the purposes of Florida Statute § 775.14 . . . Florida Statute § 775.14, Limitation on withheld sentences, provided as follows: Any person receiving . . .

UNITED STATES v. THOMPSON,, 756 F. Supp. 1492 (N.D. Fla. 1991)

. . . The issue was controlled by section 775.14 of the Florida Statutes which provides as follows: Any person . . . that: (1) the statute was applicable because defendant was indeed “convicted” for purposes of section 775.14 . . . ; and (2) defendant’s sentence was nonetheless appropriate because operation of section 775.14 was tolled . . .

SMITH, Jr. v. M. BARTLETT,, 570 So. 2d 360 (Fla. Dist. Ct. App. 1990)

. . . In Gazda, the court interpreted section 775.14, Florida Statutes which provided: Limitation on withheld . . .

STATE OF FLORIDA v. TIDWELL, 40 Fla. Supp. 2d 210 (Fla. Cir. Ct. 1990)

. . . (Emphasis supplied) See again Gazda, supra (for purposes of Florida Statute 775.14, “conviction” does . . .

BAKER, v. STATE, 530 So. 2d 402 (Fla. Dist. Ct. App. 1988)

. . . impose sentence thereon is limited to a period of no more than five years following adjudication, see § 775.14 . . .

CARR, v. STATE, 528 So. 2d 406 (Fla. Dist. Ct. App. 1988)

. . . the majority opinion, would also exceed the 5 year limitation on such sentences contained in section 775.14 . . . Section 775.14, Florida Statutes, is an anomaly as it is a statutory limitation, adopted in 1957, on . . .

POORE, v. STATE, 503 So. 2d 1282 (Fla. Dist. Ct. App. 1987)

. . . See, e.g., § 775.14, Fla.Stat. . See the cases cited in note 1 to Shieder v. . . .

In T. T. a v. STATE, 472 So. 2d 556 (Fla. Dist. Ct. App. 1985)

. . . Section 775.14, Florida Statutes (1983). . . .

HARGIS, v. STATE, 451 So. 2d 551 (Fla. Dist. Ct. App. 1984)

. . . He appeals, first claiming his sentencing was violative of section 775.14, Florida Statutes (1983) and . . .

A. SHIEDER, v. STATE, 430 So. 2d 537 (Fla. Dist. Ct. App. 1983)

. . . Section 775.14, Florida Statutes (1981), also provides that action to alter a withheld sentence must . . .

JOHNSON, v. STATE, 351 So. 2d 754 (Fla. Dist. Ct. App. 1977)

. . . Section 775.14, Florida Statutes (1975), reads as follows: “Any person receiving a withheld sentence . . .

MAXWELL, v. STATE, 336 So. 2d 658 (Fla. Dist. Ct. App. 1976)

. . . . § 775.14, Limitation on Withheld Sentences. . . .

JOHNSON, a k a v. STATE, 332 So. 2d 362 (Fla. Dist. Ct. App. 1976)

. . . .; § 775.14, F. S.; Drayton v. . . .

MORGAN, v. UNITED STATES POSTAL SERVICE, 405 F. Supp. 413 (W.D. Mo. 1975)

. . . . § 775.14(b) (1975) is inadequate in that it fails to adequately assess such significant environmental . . .

UNITED STATES v. HARTSFIELD, 387 F. Supp. 16 (M.D. Fla. 1975)

. . . The question was whether the defendant was “convicted” as that term is used in Section 775.14 of the . . . It said: “We agree with the majority opinion below that for purposes of construing § 775.14, supra, the . . .

SIMMONS, J. v. L. WAINWRIGHT,, 450 F.2d 921 (5th Cir. 1971)

. . . rejecting Simmons’ contention that his resentencing was invalid as a withheld sentence under Section 775.14 . . .

STATE v. GAZDA,, 257 So. 2d 242 (Fla. 1971)

. . . The question presented is whether under Florida Statutes § 775.14, F.S.A., a sentence is valid which . . . District Court reversed the judgment and sentence, holding that the limitation of Florida Statutes § 775.14 . . . Florida Statutes § 775.14, F.S.A., provides as follows: “Limitation on withheld sentences. — Any person . . . We agree with the majority opinion below that for the purposes of construing § 775.14, supra, the term . . . In the instant case respondent was convicted within the intent of Florida Statutes § 775.14, F.S.A., . . .

GAZDA, v. STATE, 244 So. 2d 454 (Fla. Dist. Ct. App. 1970)

. . . The defendant contends that this case is controlled by F.S.1969, section 775.14, F.S. . . . Presumably F.S. section 775.14, F.S.A., was enacted to abate these problems. . . . But F.S. section 775.14, F.S.A., contains no provision for tolling the running of the five year period . . . Bateh, supra, wherein it said in 110 So.2d at page 10: “Such situations arising after the day Sec. 775.14 . . . State, supra, the Court said: “It might be noted that by Ch. 57-284, Laws of 1957 [appearing as § 775.14 . . . self-help defeat the court’s jurisdiction — enjoy his freedom from sentence while the statute (F.S.1969, § 775.14 . . .

STALLWORTH, v. STATE, 237 So. 2d 328 (Fla. Dist. Ct. App. 1970)

. . . Section 775.14, Florida Statutes, F.S.A., places a limitation of 5 years within which to alter a sentence . . . to day and term to term suspension, but was imposed within the 5 year limitation imposed by F.S. § 775.14 . . .

SIMMONS, Jr. v. STATE, 217 So. 2d 343 (Fla. Dist. Ct. App. 1969)

. . . Appellant contends that the sentence was withheld within the interpretation of § 775.14, Fla.Stats., . . . The cases cited and found to be in support of this argument and interpreting § 775.14, show fact situations . . . This is not a case of a withheld sentence within the meaning of § 775.14, Fla.Stats., F.S.A. . . .

DRAYTON, v. STATE, 177 So. 2d 250 (Fla. Dist. Ct. App. 1965)

. . . . * * * ” The power to alter the sentence in the instant case is governed by § 775.14, Fla.Stat., F.S.A . . .

STATE v. C. BATEH, C. BATEH, v. STATE STATE v. C. BATEH,, 110 So. 2d 7 (Fla. 1959)

. . . Such situations arising after the day Sec. 775.14, Florida Statutes 1957, F.S.A., became effective will . . .

C. H. HELTON, v. STATE R. O., 106 So. 2d 79 (Fla. 1958)

. . . It might be noted that by Ch. 57-284, Laws of 1957 [appearing as § 775.14 Fla. . . .

C. BATEH, v. STATE, 101 So. 2d 869 (Fla. Dist. Ct. App. 1958)

. . . . § 775.14, F.S.A., which provides: “Any person receiving a withheld sentence upon conviction for a criminal . . .

FARMERS COOPERATIVE CO. v. BIRMINGHAM,, 86 F. Supp. 201 (N.D. Iowa 1949)

. . . Depreciation in the amount of $775.14 was set aside for the fiscal year ending October 31st, 1944. . . .

v., 9 T.C. 786 (T.C. 1947)

. . . excess of 125 per cent of the four preceding base period years in the respective amounts of $22.52 and $775.14 . . .