Wing-Miliken v. State

District Court of Appeal of Florida

Wing-Miliken v. State

111 So. 3d 189, 2013 WL 332696, 2013 Fla. App. LEXIS 1224

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2013

DocketNo. 3D11-1696

StatusPublished

This text of 111 So. 3d 189 (Wing-Miliken 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.

Bluebook

Wing-Miliken v. State, 111 So. 3d 189, 2013 WL 332696, 2013 Fla. App. LEXIS 1224 (Fla. Ct. App. 2013).

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Opinion

CORTINAS, J.

We reverse the trial court’s modification of the defendant’s sentence following a violation of furlough proceeding, during which the defendant was not afforded an opportunity to explain his failure to appear. On remand, the trial court must allow the defendant an opportunity to explain why he failed to appear. See Fulton v. State, 66 So.3d 950, 951 (Fla. 3d DCA 2011).

Reversed and remanded.

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CORTINAS, J.

We reverse the trial court’s modification of the defendant’s sentence following a violation of furlough proceeding, during which the defendant was not afforded an opportunity to explain his failure to appear. On remand, the trial court must allow the defendant an opportunity to explain why he failed to appear. See Fulton v. State, 66 So.3d 950, 951 (Fla. 3d DCA 2011).

Reversed and remanded.

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Bluebook (online)

111 So. 3d 189, 2013 WL 332696, 2013 Fla. App. LEXIS 1224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wing-miliken-v-state-fladistctapp-2013.

Opinion

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