Florida District Courts of Appeal, 2013

Wing-Miliken v. State

Wing-Miliken v. State
Florida District Courts of Appeal · Decided January 30, 2013 · Cortinas, Cortiñas, Fernandez, Shepherd
111 So. 3d 189; 2013 WL 332696; 2013 Fla. App. LEXIS 1224 (Southern Reporter, Third Series)

Wing-Miliken v. State

Opinion of the Court

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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