JAMES WARREN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-11-16
No. 82-504
Before BARKDULL, NESBITT and JORGENSON, JJ.
421 So. 2d 808 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The State concedes that it was error for the trial court to deny the defendant an opportunity to present lay testimony on the issue of his sanity at the time of the alleged violation of probation. Butler v. State, 261 So. 2d 508 (Fla. 1st DCA 1972). The State’s argument that a proffer of the testimony is required is without merit. Brown v. State, 362 So. 2d 437 (Fla. 4th DCA 1978).

Reversed and remanded for further proceedings.


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  • Medrano v. State, 892 So. 2d 508 (Fla. 3d DCA 2004)
    …n not willful and substantial”); Williams v. State, 728 So. 2d 287, 288 (Fla. 2d DCA 1999) (“Either a mental or a physical illness can be debilitating to the point that a probationer cannot comply with the terms of his probation.”); Warren v. State, 421 So. 2d 808 (Fla. 3d DCA 1982) (it was “error for the trial court to deny the defendant an opportunity to present lay testimony on the issue of his sanity at the time of the alleged violation of probation”). In so ruling, we express no opinion as to the merits…
  • Garcia-Rodriguez v. State (Fla. 2d DCA 2020)
    …"); see also Williams, 728 So. 2d at 288 (uncontroverted testimony of psychiatrist regarding the defendant's severe depression established that the defendant's technical violations of probation were not willful and substantial); cf. Warren v. State, 421 So. 2d 808, 808 (Fla. 3d DCA 1982) (trial court erred in "deny[ing] the defendant an opportunity to present lay testimony on the issue of his sanity at the time of the alleged violation of probation"). Indeed, the failure to offer evidence of mental illness a…

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