Days v. State
The Second DCA affirmed a probation revocation but reversed the resulting sentence because the trial court reneged on its agreement to postpone sentencing to allow the defendant to obtain a mental health evaluation for mitigation, violating Rule 3.720(b)'s mandatory right to present sentencing evidence. The court also held the trial court failed to make the statutorily required written findings under section 948.06(8)(e) before sentencing the defendant as a Violent Felony Offender of Special Concern (VFOSC).
Key facts
- Days was found to have violated probation, and the trial court agreed to postpone sentencing to allow Days to obtain a mental health evaluation for mitigation purposes.
- The trial court reneged on its agreement and proceeded to sentence Days without allowing the presentation of the mental health evaluation, and without making required written findings regarding dangerousness as a Violent Felony Offender of Special Concern.
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Why it matters
This decision reinforces two recurring and practically important sentencing protections in VOP proceedings: a defendant's right under Rule 3.720(b) to present mitigation evidence, which can be violated even absent an… — full analysis with a trial
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