Robertson v. State
The Third DCA held that when a trial court fails to make the mandatory dangerousness findings required by section 948.06(8)(e) for a violent felony offender of special concern (VFOSC) at a probation revocation sentencing, the proper remedy is a full new sentencing hearing—not simply entry of a retroactive written order finding no danger to the community. The trial court had attempted to cure the omission by later entering a written finding without holding a new hearing, which the appellate court rejected as insufficient under Gibson and McCray.
Key facts
- Robertson was convicted as a violent felony offender of special concern (VFOSC) and the trial court conducted a probation revocation sentencing hearing but failed to make the mandatory dangerousness findings required by section 948.06(8)(e).
- The trial court later attempted to cure the omission by entering a retroactive written order finding no danger to the community without holding a new hearing.
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Why it matters
This decision reinforces and clarifies the remedy for VFOSC dangerousness-finding omissions under Gibson and McCray: a full new sentencing hearing is required, and courts cannot shortcut compliance by entering a… — full analysis with a trial
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