Legal Opinion

Johnpier v. State

District Court of Appeal of Florida

Decided May 11, 2012No. 2D11-2286PublishedCited by 3 opinions

1Opinion of the Court

KELLY, Judge.

Christopher Johnpier appeals from the sentence imposed on him after his probation was revoked. He argues that the trial court erred by refusing to hear any argument on sentencing. We agree and reverse. See Caldwell v. State, 72 So.3d 779, 779 (Fla. 2d DCA 2011) (citing Estevez v. State, 705 So.2d 972, 973 (Fla. 3d DCA 1998)) (holding that a probationer must have an opportunity to be heard regarding what sentence should be imposed and to present mitigating evidence).

Accordingly, we affirm the revocation of Johnpier’s probation but reverse Johnpier’s sentence and remand to the…

2Cases cited2 opinions

  1. Estevez v. StateDistrict Court of Appeal of Florida · 1998
  2. Caldwell v. StateDistrict Court of Appeal of Florida · 2011

3Cited by3 opinions

  1. TIMOTHY TURNER v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Chesser v. StateDistrict Court of Appeal of Florida · 2018
  3. Chesser v. StateDistrict Court of Appeal of Florida · 2017

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