3D2021-1012
Peter Arnold appealed the revocation of his probation and the resulting sentence, arguing the trial court erred in denying his motion to suppress a sworn statement and that conducting his sentencing hearing remotely via Zoom, over his objection, violated his due process right to be physically present. The Third DCA affirmed the revocation (finding any suppression error harmless given overwhelming other evidence) but reversed the sentence, holding the trial court failed to conduct the required balancing of Arnold's due process right to physical presence against the State's competing interests before proceeding remotely under the COVID-era administrative order.
Key facts
- Peter Arnold was on probation; the trial court revoked his probation based on a sworn videotaped statement and other evidence, then sentenced him remotely via Zoom over his objection to be physically present.
- Arnold appealed, arguing the trial court erred in denying his motion to suppress the videotaped statement and violated his due process rights by conducting sentencing remotely without balancing his right to physical presence against the State's interests.
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Why it matters
This opinion gives criminal practitioners a concrete, enforceable framework for challenging remote sentencing proceedings conducted during emergency orders: a preserved objection requires the trial judge to… — full analysis with a trial
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