FULTON v. STATE

No. 3D09-1693.

66 So.3d 950 (2011)

Tyrone FULTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 30, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Manuel Alvarez , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Timothy R.M. Thomas , Assistant Attorney General, for appellee.

Before RAMIREZ, C.J., and SHEPHERD and SALTER, JJ.


RAMIREZ, C.J.

Tyrone Fulton appeals his sentence of ten years imposed for failure to report on December 11, 2008, at 9:00 a.m. Because the trial court summarily denied Fulton's motion to mitigate based on a hearsay document, we reverse.

This case presents an all-too-familiar scenario. Fulton was arrested on November 10, 2008, for possession of cocaine and tampering with physical evidence, both third degree felonies. When the case was up for arraignment on...

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