1D2022-2267
The First DCA held that Marsy's Law, which grants crime victims rights to be heard and to submit victim-impact statements at sentencing, applies at probation-revocation sentencing hearings, not just at the original sentencing proceeding. The court reasoned that a VOP sentencing is a 'deferred sentencing proceeding' on the original offense, and the plain text of Marsy's Law extends to 'any' sentencing and postconviction proceeding involving the defendant's criminal conduct.
Key facts
- Defendant was convicted and sentenced to probation for a crime; victim had submitted an impact statement at the original sentencing proceeding.
- Defendant's probation was revoked and the case proceeded to a resentencing hearing, where the trial court considered the victim's prior sworn statement as a victim-impact statement.
- +2 more key facts with a free trial
Why it matters
This is an issue of first impression in Florida clarifying that Marsy's Law victim-impact rights extend to probation revocation sentencing, not merely the original sentencing hearing. Criminal defense practitioners… — full analysis with a trial
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