Legal Opinion

Hilliard v. State

District Court of Appeal of Florida

Decided July 10, 2015No. 2D13-5910PublishedCited by 1 opinion

1Opinion of the Court

ALTENBERND, Judge.

Samuel Cornel Hilliard appeals his judgments and sentences for delivery of cocaine, possession of cocaine, and possession of paraphernalia. 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…

2Cases cited3 opinions

  1. Illinois v. AllenSupreme Court of the United States · 1970
  2. Blair v. StateDistrict Court of Appeal of Florida · 2009
  3. Jackson v. StateDistrict Court of Appeal of Florida · 2014

3Cited by1 opinion

  1. VERONICA ELDER v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

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