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Thomas WING-MILIKEN, Appellant, v. The STATE of Florida, Appellee

Florida District Court of Appeal2013-01-30No. No. 3D11-1696
111 So. 3d 189

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Opinion

majority opinion

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.