Benitez v. State
District Court of Appeal of Florida
1Opinion of the Court
WELLS, Judge.
Sigifredo Benitez appeals from an order revoking his probation and resulting sentence. He argues that what transpired at the hearing below amounted to a denial of his constitutional right to be “present” in court during a critical stage of the proceedings because no interpreter was present. We agree and reverse and remand on that basis.
In Summerall v. State, 588 So.2d 31, 32 (Fla. 3d DCA 1991), we observed that “[w]ithout question, the pronouncement of a verdict and sentence in a ... probation revocation hearing is a critical stage of the proceedings at which the defendant is…
2Cases cited13 opinions
- Francis v. StateSupreme Court of Florida · 1982
- Suarez v. StateSupreme Court of Florida · 1985
- Golub v. ErnstSupreme Court of the United States · 1986
- State v. NeaveWisconsin Supreme Court · 1984
- Quarterman v. StateDistrict Court of Appeal of Florida · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ramos v. StateDistrict Court of Appeal of Florida · 2014