Scruggs v. State, 84-1412
Decision Date | 08 February 1985 |
Docket Number | No. 84-1412,84-1412 |
Citation | 10 Fla. L. Weekly 367,463 So.2d 487 |
Parties | 10 Fla. L. Weekly 367 Moye SCRUGGS, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, Bartow, L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
Appellant Moye Scruggs appeals from his final judgment and sentence for sexual battery. As his sole point on appeal, appellant contends the trial court erred by refusing to allow him to present evidence or argument relative to sentencing. We agree.
In January of 1983, appellant pled nolo contendere to a charge of sexual battery and received two years probation. As a result of a violation of his probation, appellant was adjudicated guilty of the sexual battery and sentenced to five and a half years in prison.
At the hearing on the violation of probation, the following colloquy occurred.
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...defendant to offer any relevant evidence that may mitigate a sentence or deter sentencing as an habitual offender. See Scruggs v. State, 463 So.2d 487 (Fla. 2d DCA 1985); Hargis v. State, 451 So.2d 551 (Fla. 5th DCA 1984); Miller v. State, 435 So.2d 258, 259 (Fla. 3d DCA Here, the trial cou......
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Elkins v. State, 85-1056
...as argued by appellant. This is in contrast to the situations in State v. Hohl, 431 So.2d 707 (Fla. 2d DCA 1983) and Scruggs v. State, 463 So.2d 487 (Fla. 2d DCA 1985) where the accuracy of the guidelines scoresheet was in issue, and one party was denied the right to hear and rebut evidence......