final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Dina A. Keever-Agrama, Judge; L.T. Case
Haughwout, Public Defender, and Ian Seldin, Assistant Public
Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Melanie Dale
Surber, Assistant Attorney General, West Palm Beach, for
Harvey Hill appeals his sentence entered after a violation of
probation ("VOP") hearing by raising four issues on
appeal. First, whether the trial court abused its discretion
by failing to permit appellant to reopen his case after both
parties had delivered their closing arguments. Second,
whether the trial court failed to conduct an adequate
Faretta inquiry when he asked to fire his attorney.
Third, whether the trial court erred in denying appellant
opportunities to make arguments on his own behalf at
sentencing following the violation hearing. And fourth,
whether a successor judge properly filed a written probation
revocation order and denied appellant's rule 3.800(b)(2)
motion based on rulings by a prior judge who had previously
recused herself sua sponte. We affirm as to issues one and
two without comment, but find that issue three has merit. We
reverse for new sentencing on that ground, thus making the
fourth issue moot.
end of his VOP hearing and following the close of the
evidence and closing arguments, appellant was granted the
right to discharge his attorney. He conducted the remainder
of the hearing pro se, but with standby counsel available.
While proceeding pro se, appellant made several requests to
present additional evidence to the court, but the trial judge
denied those requests.
as the court attempted to orally pronounce its ruling,
appellant interrupted and made an ore tenus motion to
disqualify the trial judge. This motion was also denied.
without fully declaring its ruling on the VOP, the court
asked for recommended sentences. The State recommended
fifteen years in prison with credit for time served. Soon
after, the following exchange occurred:
[THE STATE]: And Judge, actually I'm sorry, did you make
findings in relations to the violations? I think you asked
THE COURT: I haven't yet; I'm getting ready to do
[THE STATE]: Okay.
[APPELLANT]: Well, I would like to speak on my ...