Scruggs v. State

BOARDMAN, EDWARD F. (Ret.) Judge.

Appellant Moye Scruggs appeals from his final judgment and sentence for sexual battery. As his sole point on appeal, appellant contends the trial court erred by refusing to allow him to present evidence or argument relative to sentencing. We agree.

In January of 1983, appellant pled nolo contendere to a charge of sexual battery and received two years probation. As a result of a violation of his probation, appellant was adjudicated guilty of the sexual battery and sentenced to five and a half years in prison.

At the hearing on the violation of probation, the…