Legal Opinion

Wing-Miliken v. State

District Court of Appeal of Florida

Decided January 30, 2013No. 3D11-1696Published

1Opinion of the CourtCortinas, J.

We reverse the trial court’s modification of the defendant’s sentence following a violation of furlough proceeding, during which the defendant was not afforded an opportunity to explain his failure to appear. On remand, the trial court must allow the defendant an opportunity to explain why he failed to appear. See Fulton v. State, 66 So.3d 950, 951 (Fla. 3d DCA 2011).

Reversed and remanded.

2Cases cited1 opinion

  1. Fulton v. StateDistrict Court of Appeal of Florida · 2011