WILLIAM G. WITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM G. WITT, APPELLANT,
STATE OF FLORIDA, APPELLEE
983 So. 2d 708
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 6 cases
Opinion of the Court
LAWSON, J.
William Witt appeals the sentences entered against him after his violation of probation. He argues that his allocution rights were violated because the court never gave him an opportunity to speak or present evidence at the sentencing hearing. The State concedes error and the record reveals that Witt never had an opportunity to offer evidence or make a statement to the court, as required by Florida Rule of Criminal Procedure 3.720. Accordingly, we reverse Witt’s sentences and remand for a new sentencing hearing.
REVERSED AND REMANDED.
PALMER, C.J., and EVANDER, J., concur.
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Guichard Jean-Baptiste v. State, 155 So. 3d 1237 (Fla. 4th DCA 2015)…nces. Larrieux v. State, 138 So. 3d 1221, 1221 (Fla. 4th DCA 2014). The Fifth District also reversed a sentence where the record revealed that the defendant never had the opportunity to offer evidence or make a statement to the court. Witt v. State, 983 So. 2d 708 (Fla. 5th DCA 2008). None of the case law expressly addresses whether the rule is violated if the defendant’s statement is required by the court to be given under oath, subject to cross-examination. Additionally, the plain language of the rule does…1 / 2
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Hill v. State, 246 So. 3d 392 (Fla. 4th DCA 2018)
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Alston v. State (Fla. 5th DCA 2024)