Legal Opinion

Fain v. State

District Court of Appeal of Florida

Decided January 24, 2013No. 1D11-6608PublishedCited by 1 opinion

1Per curiam

Demetry E. Fain appeals an order revoking probation and sentencing him to fifteen years’ imprisonment. He argues that the trial court reversibly erred in denying his counsel’s request for a closing argument at the end of the evidentiary portion of the hearing. We agree.

Appellant was entitled to an opportunity to be heard on the issue of whether he violated his probation. See Pearson v. State, 51 So.3d 1286, 1286 (Fla. 4th DCA 2011); Estevez v. State, 705 So.2d 972, 973 (Fla. 3d DCA 1998) (citing Black v. Romano, 471 U.S. 606, 611, 105 S.Ct. 2254, 85 L.Ed.2d 636 (1985)). This opportunity…

2Cases cited4 opinions

  1. Herring v. New YorkSupreme Court of the United States · 1975
  2. Black v. RomanoSupreme Court of the United States · 1985
  3. Estevez v. StateDistrict Court of Appeal of Florida · 1998
  4. Pearson v. StateDistrict Court of Appeal of Florida · 2011

3Cited by1 opinion

  1. Eric Selman v. StateDistrict Court of Appeal of Florida · 2015

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API