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Brian Keith CHESSER, DC# 142260, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District2018-01-12No. Case No. 2D16–3391
247 So. 3d 573

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Opinion

majority opinion

SLEET, Judge.

Brian Chesser appeals the order revoking his probation and his resulting forty-month sentence. He argues that the trial court denied him due process when it interrupted him at the sentencing hearing and refused to listen to his statements before sentencing him. We agree. See Amason v. State, 76 So.3d 374, 377 (Fla. 2d DCA 2011) (A probationer must have an opportunity to present mitigating evidence and argue for sentencing alternatives when the court has sentencing discretion. (citing Black v. Romano, 471 U.S. 606, 614, 105 S.Ct. 2254, 85 L.Ed.2d 636 (1985) )); see also Johnpier v. State, 89 So.3d 996, 996 (Fla. 2d DCA 2012) (reversing probationers sentence when the trial court erred by refusing to hear any argument on sentencing).

The trial court properly accepted Chessers admission to the violation. However, we must reverse the revocation of Chessers probation and his resulting sentence and remand to the trial court for further proceedings.

Reversed and remanded.

VILLANTI and KHOUZAM, JJ., Concur.