Miami-Dade County

The 11th U.S. Circuit Court of Appeals has asked this Court whether a person is convicted under Florida law if the trial court withholds adjudication of guilt after a defendant has pled guilty. The issue arose in an appeal by Bobby Jenkins, who was prosecuted in federal court with co-defendant Mr. Clarke. Mr. Jenkins was convicted of the federal crime of possession of a firearm by a convicted felon. His status as a convicted felon was based on an earlier state case, in which Mr. Jenkins pled guilty in state court to drug possession and the trial judge withheld adjudication of guilt.