Noel v. State

I believe fundamental due process rights are compromised when a defendant, without being afforded a hearing to consider •willfulness, is automatically sentenced to a longer term of incarceration based on a failure to pay money. The sentencing structures of DeLuise v. State, 72 So.3d 248 (Fla. 4th DCA 2011) and the instant case violated the defendants’ constitutional due process rights. I therefore must respectfully dissent.

By receding from DeLuise, the majority retroactively condones a plainly unconstitutional practice which this court correctly found to constitute fundamental error less than…