Billy Joe Fowler v. State of Florida

The issue presented is whether the trial court erred when, during a violation of probation hearing, it held as a matter of law that by its imposing a suspended sentence in conjunction with modifying Appellant’s probationary period, it lacked the discretion to also withhold adjudication of guilt. For the following reasons, we disagree and reverse.

On August 14, 2015, Billy .Joe Fowler, Jr. (“Appellant”), entered a plea to child neglect without causing great bodily harm and was placed on probation for three years. By corrected order entered on September 18, 2015, the trial court directed that…