Legal Opinion

Bryant v. State

District Court of Appeal of Florida

Decided December 30, 2009No. 4D08-1134PublishedCited by 2 opinions

1Opinion of the CourtGerber, J.

In this appeal, the defendant argues that the circuit court erred by failing to make the state provide competent evidence of the prior offenses identified on his score-sheet after his violation of probation. The state responds that the defendant cannot raise this challenge after his violation of probation because he did not raise it at his original sentencing. Thus, this appeal presents the question of whether a defendant who fails to challenge the inclusion of prior offenses on his scoresheet at his original sentencing may raise the challenge after his violation of probation. We answer yes,…

2Cases cited6 opinions

  1. Brooks v. StateSupreme Court of Florida · 2007
  2. State v. AndersonSupreme Court of Florida · 2005
  3. Fitzhugh v. StateDistrict Court of Appeal of Florida · 1997
  4. Lyons v. StateDistrict Court of Appeal of Florida · 2002
  5. Grosso v. StateDistrict Court of Appeal of Florida · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Tasker v. StateSupreme Court of Florida · 2010
  2. VINSON KEARSE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2023

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