ELIOT LEWIS PEARSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed probation revocation and sentencing because trial judge improperly refused to allow defense closing argument on the threshold issue of whether probation violations occurred.
A trial court commits reversible error by announcing its probation revocation ruling immediately after the evidentiary portion of a hearing and refusing to allow defense closing argument on the violation issue.
[1] A trial court must allow closing argument on the threshold issue of whether probation violations occurred before announcing its ruling, even if the court believes argumen…
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Join FLexlaw to unlock all legal intelligence“he could not 'imagine anything that [defense counsel] would say that would change [the] ruling'”
Trial judge's statement when refusing to allow defense closing argument on probation violations
Eliot Lewis Pearson was on probation and faced charges including felony battery, for which he claimed self-defense. After the evidentiary hearing, the…
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Appellant Eliot Lewis Pearson appeals an order revoking probation and sentencing him to concurrent sentences totaling fifteen years. We reverse because immediately after the evidentiary portion of the hearing, the trial court announced its ruling that the violations were supported by the evidence without allowing closing argument. When defense counsel requested that she be allowed to make a closing argument, the trial judge refused, stating that he could not “imagine anything that [defense counsel] would say that would change [the] ruling.” We note that the most serious charge was the offense of felony battery and defendant had claimed self-defense. Although the court later heard argument on the sentence which was to be imposed, the failure to allow argument on the threshold issue of whether defendant violated his probation was error. See 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)).
Accordingly, we hold that the abrupt and perfunctory manner in which the trial court handled the latter part of this probation revocation proceeding was error and we reverse for a new hearing. See Holley v. State, 48 So.3d 916, 922 (Fla. 4th DCA 2010) (reversing where trial court’s limit on cross-examination and argument from counsel on motion to suppress reflected “a consistent series of unnecessary restrictions on [the] defendant’s right to confront, argue, and present his case”). On remand, we direct that this case be assigned to another trial judge.
Reversed and remanded.
GROSS, C.J., STEVENSON and TAYLOR, JJ., concur.
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Citator
Cited By
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Demetry E. Fain v. State, 134 So. 3d 1039 (Fla. 1st DCA 2013)…d 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 includes the right to a closing argument. Pearson, 51 So. 3d at…
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Selman v. State, 160 So. 3d 102 (Fla. 4th DCA 2015)…ersarial judicial proceeding that could deprive him of his liberty — the most fundamental of all due process rights.”). The failure to afford a defendant a closing argument in such an adversarial proceeding is reversible error. See Pearson v. State, 51 So. 3d 1286 (Fla. 4th DCA 2011). Although the parties may consent or otherwise be directed to present their closing arguments in writing, a defendant still must be given the opportunity to present closing argument in some form. See J.M.S. v. State, 921 So. 2d 8…1 / 2
Authorities Cited
- Black v. Romano, 471 U.S. 606 (U.S. 1985)
- Manrique Estevez v. State, 705 So. 2d 972 (Fla. 3d DCA 1998)
- Holley v. State, 48 So. 3d 916 (Fla. 4th DCA 2010)