KEVIN PAUL TINDELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court cannot impose conditions on parole; only the Florida Parole & Probation Commission has that authority.
Appellant was convicted of aggravated battery and ordered to pay restitution and court-appointed counsel fees as conditions of parole. The trial court…
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RYDER, Acting Chief Judge.
Appellant was convicted of aggravated battery. In addition to imposing a prison sentence, the trial court ordered that restitution to the victim and a lien for the payment of court-appointed counsel be paid as conditions of any parole.
The Florida Parole & Probation Commission has the authority to determine whether or not and under what conditions parole will be granted. Wright v. State, 342 So. 2d 565 (Fla. 1st DCA 1977). While the trial court may make recommendations concerning parole, it may not impose conditions to parole. Owens v. State, 308 So. 2d 171 (Fla. 1st DCA 1975).
Appellant was also ordered to pay $2.00 in court costs and $10.00 to the Crimes Compensation Trust Fund. As appellant was declared insolvent by the trial court, these costs are hereby stricken. Brown v. State, 407 So. 2d 290 (Fla. 2d DCA 1981).
We, therefore, AFFIRM the conviction of appellant, but remand the cause for entry of a judgment and sentence consistent with this court’s opinion.
CAMPBELL and SCHOONOVER, JJ., concur.
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Hunt v. State, 429 So. 2d 811 (Fla. 2d DCA 1983)…n of any parole. This is improper. While a trial court may recommend conditions of parole, it may not impose conditions of parole. Monk v. State, 427 So. 2d 820 (Fla. 2d DCA 1983); Taylor v. State, 426 So. 2d 73 (Fla. 2d DCA 1983); Tindell v. State, 423 So. 2d 635 (Fla. 2d DCA 1982).…
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LEE v. State, 429 So. 2d 813 (Fla. 2d DCA 1983)…ee had been adjudged insolvent for purposes of appointing trial counsel and appellate counsel. There is no evidence in the record that Lee is able to pay court costs. Therefore, the imposition of $80.00 in court costs was improper. Tindell v. State, 423 So. 2d 635 (Fla. 2d DCA 1982); Brown v. State, 407 So. 2d 290 (Fla. 2d DCA 1981). The court costs must be stricken. We also note that Lee was ordered to pay a lien in the amount of $1,400.00 for court-appointed counsel as condition of any parole. While the t…
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Taylor v. State, 426 So. 2d 73 (Fla. 2d DCA 1983)…ole will be granted. Wright v. State, 342 So. 2d 565 (Fla. 1st DCA 1977). While the trial court may make recommendations concerning parole, it may not impose conditions of parole. Owens v. State, 308 So. 2d 171 (Fla. 1st DCA 1975); Tindell v. State, 423 So. 2d 635 (Fla. 2d DCA 1982). The trial court did not commit reversible error in failing to instruct the jury on lesser included offenses to the aggravated battery charge where the record reflects neither a request for such instruction nor an objection to t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Owens v. State, 308 So. 2d 171 (Fla. 1st DCA 1975)
- Wright v. State, 342 So. 2d 565 (Fla. 1st DCA 1977)
- Brown v. State, 407 So. 2d 290 (Fla. 2d DCA 1981)
- State v. Anders, 407 So. 2d 290 (Fla. 2d DCA 1981)