Caldwell v. State
Cases that cite this one
8 later published cases cite this decision.
- Day v. Secretary, Department of Corrections (United States District Court for the Middle District of Florida 2021)
- Williams v. State of Florida (Fla. Dist. Ct. App. 2025)
- Nathan T. Griffin v. State of Florida (Fla. Dist. Ct. App. 2024)
- ROBERT SANDERS MC CRAY v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- TIMOTHY TURNER v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- Hamilton v. State (Fla. Dist. Ct. App. 2013)
- Johnpier v. State (Fla. Dist. Ct. App. 2012)
- Amason v. State (Fla. Dist. Ct. App. 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Jonathan Caldwell appeals the revocation of his probation for lewd and lascivious battery upon an elderly or disabled adult. We affirm without comment the trial court’s finding that Caldwell violated his probation. However, Caldwell argues, the State concedes, and we agree that the trial court erred by failing to hear any argument on sentencing. See Estevez v. State, 705 So.2d 972, 973 (Fla. 3d DCA 1998) (stating a probationer must have an opportunity to be heard regarding what sentence should be imposed and to present mitigating evidence and argue for sentencing alternatives when the trial court has sentencing discretion (citing Black v. Romano, 471 U.S. 606, 614, 105 S.Ct. 2254, 85 L.Ed.2d 636 (1985))). Thus, we remand for the limited purpose of a sentencing hearing, at which Caldwell can present mitigating evidence. 1
Additionally, we remand for the trial court to correct a scrivener’s error in *780 the order revoking probation. The order incorrectly states that Caldwell admitted violating probation and that the court accepted the admission; however, the record shows that the court held a hearing on the violation, that Caldwell contested the fact that he violated, and that the court found a willful and substantial violation. See Neal v. State, 62 So.3d 1277, 1278 (Fla. 2d DCA 2011).
Affirmed in part, reversed in part, and remanded for further proceedings and correction of a scrivener’s error.
. It appears that the trial judge on this case, Judge Thomas S. Reese, retired in 2010. On remand, this issue should be addressed pursu *780 ant to Florida Rule of Criminal Procedure 3.700(c)(1).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.