GARY FRANK VETZEL, PAUL WILFORD VETZEL, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The sentences imposed on the Vetzel brothers are affirmed as they fall within the guidelines range. However, the imposition of costs on Paul Vetzel is stricken.
Paul and Gary Vetzel appealed their sentences, with Paul also challenging the imposition of costs. Paul had been found insolvent by the trial court fo…
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SHARP, Judge.
Paul and Gary Vetzel, brothers, bring consolidated appeals to challenge their sentences. Paul also challenges the court’s imposition of $200.00 in costs pursuant to section 27.3455, Florida Statutes (1985). Section 27.3455 requires the payment of costs before the accrual of gain time.
Paul received a sentence within the guidelines permissible range. After remand from this court and resentencing, Gary likewise was sentenced within the guidelines range. The sentences are therefore affirmed.
The trial court imposed costs on Paul despite entering an order expressly finding him insolvent for the purposes of section 27.3455.1 At the time of sentencing (June 18, 1986), section 27.3455 required indigents to serve a term of community service in lieu of the imposition of court costs.2 However, effective October 1, 1986, the legislature amended section 27.3455 which, inter alia, deleted the penalty provisions for the failure or inability to pay costs.3 Therefore we strike that portion of Paul’s sentence which imposes costs. SENTENCES AFFIRMED, COSTS STRICKEN ON CASE NUMBER 86-1156.
DAUKSCH and ORFINGER, JJ., concur. . The court also entered an order of indigency for this appeal.
. Outar v. State, 508 So. 2d 1311 (Fla. 5th DCA 1987); Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986).
.The Florida Supreme Court has termed the imposition of a period of community service on indigents unable to pay fees and court costs as a penalty provision. Yost v. State, 507 So. 2d 1099, 1100-1101 (Fla. 1987).
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Hillyer v. State, 516 So. 2d 74 (Fla. 5th DCA 1987)…455(1). At the time Hillyer was sentenced on December 16, 1986, section 27.3455(1) was amended (effective October 1, 1986) to delete the possible imposition of community service. Accordingly, we strike that part of the judgment. Cf. Vetzel v. State, 511 So. 2d 739 (Fla. 5th DCA 1987). AFFIRM; STRIKE PART OF SENTENCE. UPCHURCH, C.J., and DAUKSCH, J., concur. . § 843.01, Fla.Stat. (1985). . § 784.07, Fla.Stat. (1985).…
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Johnson v. State, 513 So. 2d 1107 (Fla. 5th DCA 1987)…defendants to complete 60 hours of community service in lieu of the costs specified in section 24.3455(1), Florida Statutes (1985). At time of sentencing the statute had been amended to delete the community service requirement. See Vetzel v. State, 511 So. 2d 739 (Fla. 5th DCA 1987). We therefore strike the requirement for community service, but otherwise affirm. Judgments and Sentences AFFIRMED; Community service requirement STRICKEN. DAUKSCH, ORFINGER and COBB, JJ., concur.…
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Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987)…community service in lieu of costs. Section 27.3455(1), Florida Statutes (1985) had been amended prior to defendant’s sentencing to delete the community service requirement. See Johnson v. State, 513 So. 2d 1107 (Fla. 5th DCA 1987); Vetzel v. State, 511 So. 2d 739 (Fla. 5th DCA 1987). Judgment AFFIRMED; Sentence AFFIRMED as Modified. UPCHURCH, C.J., and SHARP, J., concur.…
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
- State v. Yost, 507 So. 2d 1099 (Fla. 1987)
- Bethune v. State, 492 So. 2d 404 (Fla. 2d DCA 1986)
- Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986)
- Outar v. State, 508 So. 2d 1311 (Fla. 5th DCA 1987)