BRIAN KEITH CHESSER
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A probationer must have an opportunity to present mitigating evidence and argue for sentencing alternatives when the trial court has sentencing discretion.
[1] A probationer has a due process right to present mitigating evidence and argue for sentencing alternatives when the trial court has sentencing discretion in a probation r…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A probationer must have an opportunity to present mitigating evidence and argue for sentencing alternatives when the court has sentencing discretion.”
Court citing Amason v. State, 76 So. 3d 374, 377 (Fla. 2d DCA 2011)
Brian Chesser appealed the revocation of his probation and resulting forty-month sentence. The trial court accepted his admission to the violation but…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mitigating Evidence cases and more on FLexlaw
IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA
January 12, 2018 BRIAN KEITH CHESSER, DC# 142260, ) ) Appellant, ) ) v. ) Case No. 2D16-3391 ) STATE OF FLORIDA, ) ) Appellee. ) )
BY ORDER OF THE COURT
The appellant's motion for rehearing filed November 22, 2017, is granted to the extent that we withdraw this court's prior opinion of November 8, 2017, and substitute this opinion in its place. No further motions for rehearing will be entertained.
I HEREBY CERTIFY THE FOREGOING IS A
TRUE COPY OF THE ORIGINAL COURT ORDER.
MARY ELIZABETH KUENZEL
CLERK
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
BRIAN KEITH CHESSER, DC# 142260, ) ) Appellant, ) ) v. ) Case No. 2D16-3391 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 12, 2018. Appeal from the Circuit Court for Hillsborough County; Daniel L. Perry, Judge. Howard L. Dimmig, II, Public Defender, and Matthew J. Salvia, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee. 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 (1985))); see also Johnpier v. State, 89 So. 3d 996, 996 (Fla. 2d DCA 2012) (reversing probationer's sentence when "the trial court erred by refusing to hear any argument on sentencing"). The trial court properly accepted Chesser's admission to the violation. However, we must reverse the revocation of Chesser's probation and his resulting sentence and remand to the trial court for further proceedings. Reversed and remanded. VILLANTI and KHOUZAM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Black v. Romano, 471 U.S. 606 (U.S. 1985)
- Johnpier v. State, 89 So. 3d 996 (Fla. 2d DCA 2012)
- Nyka O'Connor v. Santa Rosa Corr. Inst., 76 So. 3d 374 (Fla. 1st DCA 2011)
- Amason v. State, 76 So. 3d 374 (Fla. 2d DCA 2011)