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Fuller v. State

Trial court violated defendant's right to remain silent by forcing him to take the stand during his sentencing hearing after he entered a nolo plea.

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James Stanley Fuller entered a plea of nolo contendere to two counts of theft by conversion. Pursuant to the plea agreement, the court held a hearing to determine whether Fuller’s sentence would be probated and to determine if Fuller owed restitution. At the start of the sentencing and restitution hearing, the State’s attorney questioned Fuller regarding the terms and voluntariness of his plea. Fuller showed that he understood that the consequences of his plea and that he understood that he was waiving his rights with respect to the plea. The court then questioned Fuller regarding the plea and his waiver.

The State called several witnesses regarding Fuller’s sentence. Then the State called Fuller as a witness on cross-examination and defense counsel objected. Nevertheless, the court overruled the objection and allowed the State to proceed.

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