Elawyers Elawyers
Ohio| Change

Kelly Koon v. State of Florida, 18-2306 (2019)

Court: District Court of Appeal of Florida Number: 18-2306 Visitors: 288
Filed: Oct. 23, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-2306 _ KELLY KOON, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge. October 23, 2019 PER CURIAM. Appellant challenges the revocation of his probation, arguing that the trial court failed to conduct an adequate admission colloquy. The state properly concedes error. The record does not show that the trial court conducted any colloquy with Appellant. It merely accepted d
More
         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D18-2306
                 _____________________________

KELLY KOON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Columbia County.
Paul S. Bryan, Judge.

                        October 23, 2019


PER CURIAM.

     Appellant challenges the revocation of his probation, arguing
that the trial court failed to conduct an adequate admission
colloquy. The state properly concedes error. The record does not
show that the trial court conducted any colloquy with Appellant.
It merely accepted defense counsel’s representations that
Appellant was admitting the violations. Therefore, we reverse the
revocation of Appellant’s probation, vacate the sentence imposed,
and remand for further proceedings. See Donaldson v. State, 
219 So. 3d 996
(Fla. 1st DCA 2017).

    REVERSED and REMANDED.

RAY, C.J., and WINOKUR, J., and SHARRIT, MICHAEL S., ASSOCIATE
JUDGE, concur.
                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Baya Harrison, Monticello, for Appellant.

Ashley Moody, Attorney General, and Heather Flanagan Ross,
Assistant Attorney General, Tallahassee, for Appellee.




                                2

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer