Koper v. State
Docket: No. 4D07-1235
Court: District Court of Appeal of Florida; August 13, 2008; Florida; State Appellate Court
The order revoking Theodore Edward Koper, III's probation is reversed and remanded due to the trial court's abuse of discretion in denying Koper's motion to continue the final violation of probation (VOP) hearing. Koper had previously entered a negotiated plea for driving with a suspended license resulting in death or serious bodily harm, leading to a sentence of nearly 8 years of incarceration. The court's decision on the motion for continuance did not adequately consider the necessary factors, as outlined in McKay v. State. The ruling on this issue is pivotal, rendering Koper's other claims on appeal unnecessary to address. Judges Stevenson, May, and Associate Judge Jorge Labarga concur with the decision.