Legal Opinion

Caldwell v. State

District Court of Appeal of Florida

Decided August 19, 2011No. 2D10-2158PublishedCited by 7 opinions

1Opinion of the Court

BLACK, Judge.

Jonathan Caldwell appeals the revocation of his probation for lewd and lascivious battery upon an elderly or disabled adult. We affirm without comment the trial court’s finding that Caldwell violated his probation. However, Caldwell argues, the State concedes, and we agree that the trial court erred by failing to hear any argument on sentencing. See Estevez v. State, 705 So.2d 972, 973 (Fla. 3d DCA 1998) (stating a probationer must have an opportunity to be heard regarding what sentence should be imposed and to present mitigating evidence and argue for sentencing alternatives…

2Cases cited3 opinions

  1. Black v. RomanoSupreme Court of the United States · 1985
  2. Estevez v. StateDistrict Court of Appeal of Florida · 1998
  3. Neal v. StateDistrict Court of Appeal of Florida · 2011

3Cited by7 opinions

  1. Hamilton v. StateDistrict Court of Appeal of Florida · 2013
  2. Amason v. StateDistrict Court of Appeal of Florida · 2011
  3. TIMOTHY TURNER v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  4. Johnpier v. StateDistrict Court of Appeal of Florida · 2012
  5. Day v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2021

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