Wing-Miliken v. State

Full title: Thomas WING–MILIKEN, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Jan 30, 2013

111 So. 3d 189 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D11–1696.

2013-01-30

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

An Appeal from the Circuit Court for Miami–Dade County, Stacy D. Glick, Judge. Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee.

CORTIÑAS

An Appeal from the Circuit Court for Miami–Dade County, Stacy D. Glick, Judge.
Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.Pamela Jo Bondi, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee.
Before SHEPHERD, and FERNANDEZ, JJ.

, 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.