Legal Opinion

Chesser v. State

District Court of Appeal of Florida

Decided January 12, 2018No. Case No. 2D16–3391Published

1Opinion of the Court

SLEET, Judge.

Brian Chesser appeals the order revoking his probation and his resulting forty-month sentence. He argues that the trial court denied him due process when it interrupted him at the sentencing hearing and refused to listen to his statements before sentencing him. We agree. See Amason v. State, 76 So.3d 374, 377 (Fla. 2d DCA 2011) ("A probationer must have an opportunity to present mitigating evidence and argue for sentencing alternatives when the court has sentencing discretion." (citing Black v. Romano, 471 U.S. 606, 614, 105 S.Ct. 2254, 85 L.Ed.2d 636 (1985) )); see also Johnpier…

2Cases cited3 opinions

  1. Black v. RomanoSupreme Court of the United States · 1985
  2. Amason v. StateDistrict Court of Appeal of Florida · 2011
  3. Johnpier v. StateDistrict Court of Appeal of Florida · 2012

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