Legal Opinion

Bryant v. State

District Court of Appeal of Florida

Decided October 19, 2012No. 2D11-4355PublishedCited by 1 opinion

1Opinion of the Court

KELLY, Judge.

Henry Lee Bryant, Jr., appeals from the order modifying his probation and entering a $1200 restitution lien. He argues that he was denied due process because he was not notified of the restitution hearing. We agree and reverse.

The Department of Corrections filed a request to modify Bryant’s probation to require him to pay for damaged monitoring equipment. A hearing was held in haste without Bryant’s presence because the State recognized that Bryant’s term of probation was about to expire and jurisdiction over him would be lost. The defense objected to proceeding with the hearing…

2Cases cited3 opinions

  1. M.W.G. v. StateDistrict Court of Appeal of Florida · 2006
  2. C.C.N. v. StateDistrict Court of Appeal of Florida · 2009
  3. Noonan v. StateDistrict Court of Appeal of Florida · 1998

3Cited by1 opinion

  1. Holmes v. StateDistrict Court of Appeal of Florida · 2013

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