Supreme Court of Florida
Joseph Peter Clarke, Appellants v. United States of America, Appellee
February 11, 201641 Fla. L. Weekly Supp. 41
Summary
The court answered the certified question in the negative, holding that a guilty plea to a felony followed by withheld adjudication does not constitute a conviction for purposes of Florida's felon-in-possession statute. It reasoned that conviction ordinarily requires an adjudication of guilt, and that the statute's purpose of preventing firearm possession by dangerous or likely-to-reoffend persons is not served when adjudication was withheld based on a finding that the defendant was unlikely to reoffend. The court returned the case to the certifying federal court.