REGINALD MONTRE JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jackson appeals his sentences for grand theft and criminal mischief after being sentenced in absentia when he failed to appear for his scheduled sentencing hearing. The court reversed, holding that the trial judge abused its discretion by summarily denying Jackson's motion for sentence modification without holding a hearing to determine whether his absence was involuntary, particularly where Jackson provided documentary evidence of a medical emergency.
Yes. The trial court abused its discretion by summarily denying Jackson's motion without affording him a hearing. A defendant cannot be sentenced in absentia for a felony unless he voluntarily waived his presence, and where a defendant provides documentary evidence substantiating a claim of involuntary absence, a hearing on that issue is required. The case is reversed and remanded for an evidentiary hearing to determine the voluntary or involuntary nature of Jackson's absence, with resentencing required if the court finds the absence was involuntary.
[1] A defendant cannot be sentenced in absentia for a felony unless they voluntarily waived their presence at the hearing.
[2] A defendant seeking to establish that their absence from a sentencing hearing was involuntary bears the burden of proof after apprehension or appearance.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a defendant has a right to be present at all critical stages of his trial and cannot be sentenced in absentia for a felony unless he voluntarily waived his presence at the hearing”
Establishes the fundamental right of a defendant to be present at sentencing and the requirement of voluntary waiver for in absentia sentencing.
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Join FLexlaw to unlock all legal intelligenceJackson entered open guilty pleas in two cases with an agreement for concurrent two-year community control terms followed by two years of probation. T…
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Reginald Jackson appeals from his judgments and sentences for grand theft and criminal mischief. He argues that the trial court abused its discretion in summarily denying his motion for a reduction or modification of his sentences for grand theft without holding a hearing to allow Jackson to present evidence that his absence from the sentencing hearing was involuntary.1 We agree and reverse.
Jackson entered open guilty pleas to charges filed in two cases with the understanding that he would be placed on concurrent two-year terms of community control followed by two years of probation. The judge accepted Jackson’s guilty pleas and delayed sentencing on the condition that Jackson refrain from committing any new offenses and that he appear for sentencing at 8:30 a.m. on the designated day. Jackson was warned that if he failed to appear he could be sentenced to as much as ten years in prison. When Jackson did not appear at the scheduled time, the judge sentenced Jackson in his absence to two years in prison followed by three years of probation in each case. Within an hour of the sentences being imposed, Jackson called the judge’s chambers to report that he had failed to appear because of a medical emergency. Jackson also filed a motion for modification of sentence under Florida Rule of Criminal Procedure 3.800(c) and attached a document evidencing his presence at a hospital on the date of sentencing. The judge denied the motion without a hearing.
As Jackson argues on appeal, a defendant has a right to be present at all critical stages of his trial and cannot be sentenced in absentia for a felony unless he voluntarily waived his presence at the hearing. See Miller v. State, 833 So.2d 318, 319 (Fla. 2d DCA 2003); Singletary v. State, 870 So.2d 851, 852 (Fla. 3d DCA 2003). The burden is on the defendant, after his apprehension or appearance, to establish that his failure to appear was not voluntary. Wallen v. State, 932 So.2d 493, 493 (Fla. 4th DCA 2006).
Jackson attached documentation to his motion to modify or reduce sentence to support his allegation that his absence was not voluntary, but the judge summarily denied his motion without giving Jackson the opportunity to present his evidence. This was error. See Blair v. State, 25 So.3d 46, 48 (Fla. 5th DCA 2009) (holding that further proceedings were required for the trial court to determine whether the defendant’s absence was voluntary or involuntary); Zuluaga v. State, 793 So.2d 60, 61 (Fla. 4th DCA 2001) (remanding for a hearing to determine if the defendant’s absence was voluntary and for resentenc-ing if the court found that it was not).
Although Jackson’s telephone call to the judge’s chambers on the morning of sentencing may have been insufficient by it*660self to warrant a hearing regarding Jackson’s absence from court, the document from the hospital substantiated his claim and merited a hearing on the issue. See Blair, 25 So.3d at 48. Accordingly, we remand this case to the trial court for an evidentiary hearing to determine if Jackson’s absence from his sentencing hearing was voluntary or involuntary. If the trial court determines that Jackson’s absence was involuntary, Jackson must be resen-tenced.
Reversed and remanded for further proceedings.
ALTENBERND and LaROSE, JJ., Concur.
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Hilliard v. State, 169 So. 3d 264 (Fla. 2d DCA 2015)…a. The trial and sentencing hearing were conducted in Mr. Hilliard’s absence. We conclude that the trial court erred in summarily denying a motion following sentencing that challenged whether his absence was voluntary. As we did in Jackson v. State, 144 So. 3d 658 (Fla. 2d DCA 2014), we remand this case for an evidentiary hearing on the motion to determine the factual issue of whether his absence from both his trial and sentencing hearing was voluntary or involuntary. Mr. Hilliard was charged with these offe…1 / 2
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Redmond v. State (Fla. 2d DCA 2025)
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Reynolds v. State (Fla. 4th DCA 2021)
Authorities Cited
- Heldrado A. Zuluaga v. State, 793 So. 2d 60 (Fla. 4th DCA 2001)
- Spaulding v. State, 93 So. 3d 473 (Fla. 2d DCA 2012)
- Williams v. State, 833 So. 2d 318 (Fla. 2d DCA 2003)
- Miller v. State, 833 So. 2d 318 (Fla. 2d DCA 2003)
- Blair v. State, 25 So. 3d 46 (Fla. 5th DCA 2009)
- Wallen v. State, 932 So. 2d 493 (Fla. 4th DCA 2006)
- Singletary v. State, 870 So. 2d 851 (Fla. 3d DCA 2003)