HILL
v.
STATE OF FLORIDA
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The Sixth Amendment right to trial by jury is not implicated during sentencing for violation of probation when the trial court, rather than a jury, makes the factual finding that the defendant is a violent felony offender of special concern and a danger to the community.
[1] The Sixth Amendment right to trial by jury is not implicated when a trial court makes a factual finding that a defendant is a violent felony offender of special concern u…
[2] A trial court may determine whether a probationer is a danger to the community without submitting the question to a jury, as such findings do not require jury fact-findin…
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Join FLexlaw to unlock all legal intelligence“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”
Court's holding on the constitutional issue
Hill was convicted and sentenced in Bradford County Circuit Court. During sentencing for a probation violation, the trial court made a finding that Hi…
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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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