HILL
v.
STATE OF FLORIDA
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The Sixth Amendment right to trial by jury is not implicated when a trial court, rather than a jury, makes factual findings that a defendant is a violent felony offender of special concern under Florida Statutes section 948.06(8) and a danger to the community during probation violation sentencing.
[1] The Sixth Amendment right to trial by jury is not implicated during sentencing for violation of probation when the trial court determines whether the defendant is a viole…
[2] Factual findings regarding danger to the community during probation violation sentencing may be made by a trial court without violating the defendant's Sixth Amendment ju…
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Join FLexlaw to unlock all legal intelligenceDeJor Jaerail Hill was sentenced following a violation of probation. The trial court found Hill to be a violent felony offender of special concern und…
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Nos. 1D2024-3318 1D2024-3319 1D2024-3320
DEJOR JAERAIL HILL, Appellant,
V.
STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Bradford County. James M. Colaw, Judge.
April 1, 2026
PER CURIAM.
AFFIRMED. See Sanderson v. State, 1D2024-1311, 1D2024-1312, 1D2024-1313 (Fla. 1st DCA Apr. 1, 2026) (citing Hollingsworth v. State, 293 So. 3d 1049, 1052–53 (Fla. 4th DCA 2020)) (holding that the Sixth Amendment right to trial by a jury was not implicated during sentencing for violation of probation when the trial court, rather than a jury, found the defendant to be a violent felony offender of special concern under section 948.06(8), Florida Statutes, and a danger to the community).
BILBREY, NORDBY, and TREADWELL, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Jessica J. Yeary, Public Defender, and Joel Daniel Arnold, Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Darcy Townsend, Assistant Attorney General, Tallahassee, for Appellee.
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