Johnpier v. State

District Court of Appeal of Florida

Johnpier v. State

89 So. 3d 996, 2012 WL 1649734, 2012 Fla. App. LEXIS 7414

CourtDistrict Court of Appeal of Florida

DecidedMay 11, 2012

DocketNo. 2D11-2286

StatusPublished

Cited by3 cases

This text of 89 So. 3d 996 (Johnpier v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Johnpier v. State, 89 So. 3d 996, 2012 WL 1649734, 2012 Fla. App. LEXIS 7414 (Fla. Ct. App. 2012).

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Opinion

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Christopher Johnpier appeals from the sentence imposed on him after his probation was revoked.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 trial court for a new sentencing hearing.

Affirmed in part; reversed in part.

WHATLEY and MORRIS, JJ„ Concur.

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