CHRISTOPHER JOHNPIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHRISTOPHER JOHNPIER, APPELLANT,
STATE OF FLORIDA, APPELLEE
89 So. 3d 996
Florida District Court of Appeal, Second District (2012)
Positive Treatment
Cited by 6 cases
Opinion of the Court
Christopher Johnpier appeals from the sentence imposed on him after his probation was revoked. He argues that the trial court erred by refusing to hear any argument on sentencing. We agree and reverse. See Caldwell v. State, 72 So.3d 779, 779 (Fla. 2d DCA 2011) (citing Estevez v. State, 705 So.2d 972, 973 (Fla. 3d DCA 1998)) (holding that a probationer must have an opportunity to be heard regarding what sentence should be imposed and to present mitigating evidence).
Accordingly, we affirm the revocation of Johnpier’s probation but reverse Johnpier’s sentence and remand to the trial court for a new sentencing hearing.
Affirmed in part; reversed in part.
WHATLEY and MORRIS, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Glen Garron, LLC v. Marla Buchwald, 210 So. 3d 229 (Fla. 5th DCA 2017)…ing of the original note and mortgage corrected the failure to attach them to the foreclosure complaint because the notice of filing of the original note and a copy of the note were also served on Buchwald. See Deutsche Bank Nat’l Tr. Co. v. Taperi, 89 So. 3d 996, 997 (Fla. 4th DCA 2012); Hughes v. Home Sav. of Am., F.S.B., 675 So. 2d 649, 650 (Fla. 2d DCA 1996); Eigen v. FDIC, 492 So. 2d 826 (Fla. 2d DCA 1986).6 Consequently, the trial court erred in granting Buchwald’s motion for judgment on the pleadings…
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Turner v. State, 261 So. 3d 729 (Fla. 2d DCA 2018)…471 U.S. 606, 611 (1985)). "[T]he final revocation of probation must be preceded by a hearing" at which the controlee is afforded, among other entitlements, "an opportunity to be heard." Black, 471 U.S. at 611–12; see, e.g., Johnpier v. State, 89 So. 3d 996, 996 (Fla. 2d DCA 2012) (reversing probationer's sentence when "the trial court erred by refusing to hear any argument on sentencing"); Balsinger v. State, 974 So. 2d 592, 593 (Fla. 2d DCA 2008) ("If the probationer does not admit to the violatio…
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Chesser v. State, 247 So. 3d 573 (Fla. 2d DCA 2018)
Authorities Cited
- Manrique Estevez v. State, 705 So. 2d 972 (Fla. 3d DCA 1998)
- Caldwell v. State, 72 So. 3d 779 (Fla. 2d DCA 2011)