HECTOR AMAYA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse and remand for a new trial because of the trial court’s error in refusing appellant access to counsel during an overnight recess at trial. We reject appellant’s claims that the trial court erred in denying motions to dismiss and for directed verdict.
The state concedes, and we agree, that the trial court erred in refusing appellant access to counsel. See Geders v. United States, 425 U.S. 80, 96 S.Ct. 1330, 47 L.Ed.2d 592 (1976); Bova v. State, 410 So. 2d 1343 (Fla.1982). Further, we are unable to determine that the error was harmless under the strict test set out in State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
ANSTEAD, KLEIN and PARIENTE, JJ., concur.
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Waldon v. State, 670 So. 2d 1155 (Fla. 4th DCA 1996)…community control may not be revoked for violation of a condition or requirement imposed unilaterally by the probation officer but not by the sentencing order. See, [*1158] e.g., Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994); Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994); and Ashrafi v. State, 534 So. 2d 886 (Fla. 4th DCA 1988); see also Morales v. State, 518 So. 2d 964 (Fla. 3d DCA 1988); Hutchinson v. State, 428 So. 2d 739 (Fla. 2d DCA 1983) and Holterhaus v. State, 417 So. 2d 291 (Fla. 2d DCA…
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Antoine v. State, 684 So. 2d 266 (Fla. 4th DCA 1996)…nd the sex offender counseling program. In view of our invalidation of the first ground for revocation, however, we remand to the trial court to reconsider revocation of community control based solely on the remaining violation. See Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994). Reversed and remanded with directions. DELL and STEVENSON, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Geders v. United States, 425 U.S. 80 (U.S. 1976)
- Bova v. State, 410 So. 2d 1343 (Fla. 1982)