4D2023-3066
The Fourth DCA affirmed a sentence for violation of probation, holding that it was not fundamental error for the trial court to fail to sua sponte ask the defendant whether he wished to allocute before sentencing. Because the defendant never requested to speak or objected during sentencing, the court held there was no due process violation and declined to impose an affirmative duty on trial judges to inquire about allocution in non-capital cases.
Key facts
- Defendant was convicted and sentenced to a violation of probation in the trial court.
- Defendant did not request an opportunity to allocute or object to the trial court's failure to ask whether he wished to make a statement before sentencing.
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Why it matters
This opinion clarifies that Florida trial courts have no sua sponte obligation to inquire whether a non-capital defendant wishes to allocute before sentencing, distinguishing the state practice from the federal rule and… — full analysis with a trial
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