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453 So. 2d 120

Jensen v. State

District Court of Appeal of Florida · decided 1984-07-05

Relies on Mempa v. Rhay · 452 So. 2d 606 - Hicks v. State · 17 Wash. App. 644 - In Re the Personal Restraint of Wentworth

Decided 1984-07-05

HURLEY, Judge,

¶1concurring specially.

¶2In addition to the compelling policy considerations set forth in Hicks v. State, 452 So.2d 606 (Fla. 4th DCA 1984) [9 FLW 1238], it is important to note that in Florida imposition of sentence is withheld when a defendant is placed on probation. See § 948.01(3), Fla.Stat. (1983). Consequently, Florida’s method of processing probation revocations is factually indistinguishable from that described in Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336 (1967), and, therefore, I believe that appointment of counsel is constitutionally mandated. See In re Wentworth, 17 Wash.App. 644, 564 P.2d 810 (1977).

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