Withhold of adjudication of guilt

The trial court erred by finding that by imposing a suspended sentence in conjunction with modifying defendant's probation it was without discretion to also withhold adjudication of guilt. A suspended sentence is not equivalent to a prison sentence so the court had discretion to withhold adjudication while imposing a suspended sentence.

A withholding of adjudication is not a conviction. By adjudication being withheld an individual may honestly state that he or she has never been convicted of the crime and he or she may apply to have the case seal and/or expunged.