Hall v. State, 421 So. 2d 188 (Fla. 2d DCA 1982). · Go Syfert
Hall v. State, 421 So. 2d 188 (Fla. 2d DCA 1982). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Lester v. State (fladistctapp, 1999-11-03)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Lester v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
See Watson v. State, 388 So.2d 15, 16 (Fla. 4th DCA 1980); Hall v. State, 421 So.2d 188, 189 (Fla. 2d DCA 1982); Bearing v. State, 388 So.2d 296, 298 (Fla. 3d DCA 1980).
cited Cited "see" Hooper v. State
Fla. Dist. Ct. App. · 1984 · signal: see · confidence high
See Hall v. State, 421 So.2d 188 (Fla. 2d DCA 1982).
cited Cited "see" Felton v. State
Fla. Dist. Ct. App. · 1982 · signal: see · confidence high
See Hall v. State, 421 So.2d 188 (Fla. 2d DCA 1982).
Retrieving the full opinion text from the archive…
Anthony HALL
v.
STATE of Florida
No. 82-473.
District Court of Appeal of Florida, Second District.
Oct 22, 1982.
421 So. 2d 188
Jerry Hill, Public Defender, and L.S. Al-perstein, Asst. Public Defender, Bartow, for appellant., Jim Smith, Atty. Gen., Tallahassee, and David T. Weisbrod, Asst. Atty. Gen., Tampa, for appellee.
Campbell, Grimes, Scheb.
Cited by 3 opinions  |  Published
SCHEB, Judge.

Appellant Hall challenges the trial court’s revocation of his probation. He contends the court erred in requiring him to testify, over his objection, as to his having been convicted and sentenced for certain crimes committed after he was placed on probation. Hall argues that the requirement that he testify violated his constitutional rights against self-incrimination.

We reject appellant’s contention. In Dearing v. State, 388 So.2d 296 (Fla. 3d DCA 1980), cert. denied, 399 So.2d 1141 (Fla. 1981), the court held that a probationer has no privilege against self-incrimination with respect to an offense he committed after being placed on probation, and for which he could not be subsequently prosecuted. We agree.

We reject appellant’s reliance on Meehan v. State, 397 So.2d 1214 (Fla. 2d DCA 1981), where we held that during the course of habitual offender proceedings the defendant could not be required to testify that he had been previously convicted of other crimes. There, we reasoned that the sentence enhancement proceedings were sufficiently related to the criminal trial as to require the application of the rule that the defendant cannot be forced to convict himself by his own testimony. However, there is no prohibition against requiring a probationer to testify in a revocation proceeding, subject to his privilege against self-incrimination with respect to specific conduct and circumstances concerning a separate criminal offense. State v. Heath, 343 So.2d 13 (Fla. 1977). In the instant case, the appellant cannot be subsequently prosecuted by virtue of having been forced to - testify as to his previous convictions. Therefore, Meehan has no application to this case, and we affirm the revocation of Hall’s probation.

Affirmed.

GRIMES, A.C.J., and CAMPBELL, J., concur.