76 So. 3d 374
Fla. Dist. Ct. App.2011Background
- Amason was on 18 months' probation for obtaining food or lodging with intent to defraud ($300+).
- A restitution obligation of $4,549 to Clarion Hotel was due within 60 days.
- Affidavits alleged four violations, including failure to pay restitution and changing residence without approval.
- An addendum claimed a friend loaned $6,000 for restitution and Amason had not paid since.
- At the 10/14/2010 violation hearing, Amason admitted the residence-change violation; Hair testified about the $6,000 and urged probation.
- The court questioned Hair and Amason, cut defense counsel off, and sentenced Amason to 60 months for probation revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court commit fundamental error by acting as prosecutor? | Amason | Amason | No; court did not assume prosecutor role |
| Was Amason denied due process in sentencing during the revocation hearing? | Amason | State | Yes; she was denied opportunity to be heard on sentencing |
Key Cases Cited
- Cagle v. State, 821 So.2d 443 (Fla.2d DCA 2002) (trial court not to usurp prosecutor role; must be neutral)
- Sears v. State, 889 So.2d 956 (Fla.5th DCA 2004) (judge may question but not supply state's case)
- Scull v. State, 569 So.2d 1251 (Fla.1990) (due process requires adversarial opportunity and inquiry)
- Caldwell v. State, 72 So.3d 779 (Fla.2d DCA 2011) (opportunity to be heard on sentencing in probation revocation)
- Estevez v. State, 705 So.2d 972 (Fla.3d DCA 1998) (due process requires hearing on sentencing considerations)
- Black v. Romano, 471 U.S. 606 (U.S. Supreme Court 1985) (protections in revocation contexts; discretion and process)