Florida District Courts of Appeal, 1984

Jensen v. State

Jensen v. State
Florida District Courts of Appeal · Decided July 5, 1984 · Beranek, Downey, Hurley
453 So. 2d 120; 1984 Fla. App. LEXIS 13844 (Southern Reporter, Second Series)

Jensen v. State

Concurring Opinion

HURLEY, Judge,

concurring specially.

In addition to the compelling policy considerations set forth in Hicks v. State, 452 So.2d 606 (Fla. 4th DCA 1984) [9 FLW 1238], it is important to note that in Florida imposition of sentence is withheld when a defendant is placed on probation. See § 948.01(3), Fla.Stat. (1983). Consequently, Florida’s method of processing probation revocations is factually indistinguishable from that described in Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336 (1967), and, therefore, I believe that appointment of counsel is constitutionally mandated. See In re Wentworth, 17 Wash.App. 644, 564 P.2d 810 (1977).

Opinion of the Court

PER CURIAM.

Reversed on authority of Hicks v. State, 452 So.2d 606 (Fla. 4th DCA 1984).

DOWNEY and BERANEK, JJ., concur. HURLEY, J., concurs specially with opinion.

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