Dean v. State

Decision Date29 April 2011
Docket NumberNo. 1D10–2214.,1D10–2214.
Citation60 So.3d 532
PartiesAntonio Dewayne DEAN, Appellant,v.STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

60 So.3d 532

Antonio Dewayne DEAN, Appellant,
v.
STATE of Florida, Appellee.

No. 1D10–2214.

District Court of Appeal of Florida, First District.

April 29, 2011.


An appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge.

[60 So.3d 533]

Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant.Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.PER CURIAM.

The trial court erred in failing to give Appellant, Antonio Dewayne Dean, the opportunity to address the court before imposing sentence, pursuant to Florida Rule of Criminal Procedure 3.720(b). Ventura v. State, 741 So.2d 1187, 1189 (Fla. 3d DCA 1999). The State properly concedes error. Accordingly, we AFFIRM Appellant's convictions and the revocation of his probation, REVERSE Appellant's sentences, and REMAND for a new sentencing hearing.

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9 cases
  • Hill v. State
    • United States
    • Florida District Court of Appeals
    • April 25, 2018
    ...not be meted out to him."). We now make clear what Barlow, Larrieux, Chillingworth [ v. State , 846 So.2d 674 (Fla. 4th DCA 2003) ], Witt, and Dean have long implied: that a criminal defendant prior to sentencing has the opportunity to make an unsworn statement to the sentencing judge in al......
  • Wattiez v. State
    • United States
    • Florida District Court of Appeals
    • May 4, 2022
    ... ... Rule of Criminal Procedure 3.720(b) states, "The court ... shall entertain submissions and evidence by the parties that ... are relevant to the sentence." Florida courts have held ... that criminal defendants may make an unsworn statement to the ... judge. See Dean v. State, 60 So.3d 532 (Fla. 1st DCA ... 2011); Jean-Baptiste, 155 So.3d at 1242. However, ... such a statement must be made "prior to ... sentencing." Jean-Baptiste, 155 So.3d at 1242 ... (emphasis added) ...          Appellant ... cites Hill for her ... ...
  • Wattiez v. State
    • United States
    • Florida District Court of Appeals
    • May 4, 2022
    ...to the sentence." Florida courts have held that criminal defendants may make an unsworn statement to the judge. See Dean v. State , 60 So. 3d 532 (Fla. 1st DCA 2011) ; Jean-Baptiste , 155 So. 3d at 1242. However, such a statement must be made "prior to sentencing." Jean-Baptiste , 155 So. 3......
  • Edwards v. State
    • United States
    • Florida District Court of Appeals
    • April 29, 2011
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