Caldwell v. State, 72 So. 3d 779 (Fla. 2d DCA 2011). · Go Syfert
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Caldwell v. State, 72 So. 3d 779 (Fla. 2d DCA 2011). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 2 distinct courts.
Strongest positive: TIMOTHY TURNER v. STATE OF FLORIDA (fladistctapp, 2018-12-19)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) TIMOTHY TURNER v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · signal: cf. · confidence medium
See, e.g., Black, 471 U.S. at 614 ("[W]here the factfinder has discretion to continue probation, the procedures required by Gagnon[ v. Scarpelli, 411 U.S. 778 (1973)] and Morrissey[, 408 U.S. 471 ,] assure the - 11 - probationer an opportunity to present mitigating evidence and to argue that alternatives to imprisonment are appropriate."); cf. Caldwell v. State, 72 So. 3d 779, 779 (Fla. 2d DCA 2011) (reversing probation revocation order because "the trial court erred by failing to hear any argument on sentencing" (citing Estevez v. State, 705 So. 2d 972, 972 (Fla. 3d DCA 1998), for the proposi…
cited Cited "see" Nathan T. Griffin v. State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Caldwell v. State, 72 So. 3d 779 , 779–80 (Fla. 2d DCA 2011).
discussed Cited "see" Day v. Secretary, Department of Corrections
M.D. Fla. · 2021 · signal: see · confidence high
See Caldwell v. State, 72 So. 3d 779 , 779 n.1 (Fla. 2d DCA 2011) (remanding for new sentencing hearing and noting that “[i]t appears that the trial judge on this case, Judge Thomas S. Reese, retired in 2010.
discussed Cited "see" ROBERT SANDERS MC CRAY v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Caldwell v. State, 72 So. 3d 779, 779-80 (Fla. 2d DCA 2011) (remanding for the correction of a scrivener's error where "[t]he 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").
cited Cited "see" Hamilton v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Cald-ivell v. State, 72 So.3d 779, 779-80 (Fla. 2d DCA 2011); Neal v. State, 62 So.3d 1277, 1278 (Fla. 2d DCA 2011).
discussed Cited "see" Johnpier v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Caldwell v. State, 72 So.3d 779, 779 (Fla. 2d DCA 2011) (citing Estevez v. State, 705 So.2d 972, 973 (Fla. 3d DCA 1998)) (holding that a probationer must have an opportunity to be heard regarding what sentence should be imposed and to present mitigating evidence).
cited Cited "see" Amason v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Caldwell v. State, 72 So.3d 779, 779 (Fla. 2d DCA 2011); Estevez v. State, 705 So.2d 972, 978 (Fla. 3d DCA 1998).
discussed Cited "see, e.g." Williams v. State of Florida
Fla. Dist. Ct. App. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Caldwell v. State, 72 So. 3d 779, 779-80 (Fla. 2d DCA 2011) (remanding for correction of scrivener's error incorrectly stating the defendant admitted violating probation when in fact the court found a violation after a contested hearing).
Retrieving the full opinion text from the archive…
Jonathan CALDWELL, Sr., Appellant,
v.
STATE of Florida, Appellee
2D10-2158.
District Court of Appeal of Florida, Second District.
Aug 19, 2011.
72 So. 3d 779
2011 Fla. App. LEXIS 13086
2011 WL 3629355
James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.
Black, Khouzam, Morris.
Cited by 8 opinions  |  Published
BLACK, Judge.

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.

KHOUZAM and MORRIS, JJ., Concur.
1

. 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).