RONALD LEE MONK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court struck portions of sentence imposing court costs on an insolvent defendant and an unauthorized parole condition for attorney fees, but otherwise affirmed the judgment.
A trial court may not assess court costs against an insolvent defendant and lacks authority to impose conditions of parole, which power is vested solely in the Parole and Probation Commission.
[1] A trial court lacks authority to impose conditions of parole, which power is vested exclusively in the Parole and Probation Commission under section 947.13(1)(b), and suc…
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Join FLexlaw to unlock all legal intelligenceRonald Lee Monk was sentenced to pay $2 in court costs under section 943.25(4), $1 under section 943.25(8), $10 to the Crimes Compensation Trust Fund,…
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BOARDMAN, Acting Chief Judge.
Ronald Lee Monk appeals the portions of his sentence requiring him to pay $2 in court costs pursuant to section 943.-25(4), Florida Statutes (1981); $1 pursuant to section 943.25(8); $10 to the Crimes Compensation Trust Fund; and $487 in additional court costs. Since the trial court adjudged appellant insolvent, the assessment of these court costs was improper. Cox v. State, 334 So. 2d 568 (Fla.1976); Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983). We also note that appellant was ordered to pay an $800 lien for court appointed counsel as a condition of parole. Although a trial court is not precluded from recommending conditions of parole, Owens v. State, 308 So. 2d 171 (Fla. 1st DCA 1975), the Parole and Probation Commission is solely vested with the power to establish conditions of parole. § 947.13(l)(b); Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983); see also McRae v. State, 383 So. 2d 289 (Fla. 2d DCA 1980). Since the trial court acted without authority to impose a condition of parole, the failure to object is of no consequence. See Lawson v. State, 400 So. 2d 1053 (Fla. 2d DCA 1981); Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981).
Accordingly, the portions of appellant’s sentence assessing costs and purporting to create a condition of parole are stricken, but the judgment and sentence are otherwise affirmed.
GRIMES and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hunt v. State, 429 So. 2d 811 (Fla. 2d DCA 1983)…, concur. . We note that Hunt was also ordered to pay $1,000.00 for court-appointed counsel as condition 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)…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 trial court may make recommendations concerning parole, it may not impose conditions to parole. Monk v. State, 427 So. 2d 820 (Fla. 2d DCA 1983); Tindell v. State, supra. The condition of parole must be stricken or the sentence amended to reflect that payment of the lien for court-appointed counsel is recommended as a condition of parole. We therefore AFFIRM Lee’s convic…
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Fray v. State, 432 So. 2d 764 (Fla. 2d DCA 1983)…n of parole, a fine and surcharge, court costs and payment of a lien for court-appointed-counsel fees. [*765] Although a court is not precluded from recommending conditions of parole, Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983), Monk v. State, 427 So. 2d 820 (Fla. 2d DCA 1983), the Parole and Probation Commission is the only entity vested with the power to establish those conditions. § 947.-13(1)(b), Fla.Stat. (1981). Therefore, those portions of the judgment and sentence which impose conditions of any…
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
- COX v. State, 334 So. 2d 568 (Fla. 1976)
- Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)
- Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983)
- McRAE v. State, 383 So. 2d 289 (Fla. 2d DCA 1980)
- Samuel S.J. Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983)
- Lawson v. State, 400 So. 2d 1053 (Fla. 2d DCA 1981)
- Owens v. State, 308 So. 2d 171 (Fla. 1st DCA 1975)