STEVE GIBBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed denial of motion to strike community service portion of sentence because the record lacked necessary orders and the motion failed to comply with Rule 3.850 requirements, though the substantive claim regarding the 1986 amendment to § 27.3455 may have merit.
A motion to strike community service imposed in lieu of court costs cannot be reviewed when the record lacks the orders placing the defendant on community service and adjudging indigency, and the motion fails to comply with Rule 3.850 requirements.
[1] The 1986 amendment to § 27.3455, Florida Statutes, deleted the community service alternative for indigent defendants, eliminating the authority to impose community servic…
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Join FLexlaw to unlock all legal intelligenceGibbs was sentenced on June 12, 1987 to three years incarceration with 55 days jail credit, and the lower court ordered him to pay court costs and pla…
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ZEHMER, Judge.
Steve Gibbs appeals the lower court’s denial of his motion to strike the community service portion of his sentence. According to the allegations contained in this motion, on June 12, 1987, the lower court sentenced him to three years incarceration with jail credit of 55 days. The motion further alleges that the lower court, in separate orders, ordered appellant to pay court costs pursuant to section 27.3455(1), Florida Statutes, and ordered that appellant be placed on community service in lieu of the monetary assessment. Appellant asserts as error the court’s imposition of court costs after adjudging him indigent at the time of sentencing and the court’s order that he be placed on community service in lieu of court costs.
If appellant’s allegation that he was sentenced on June 12, 1987 is accurate, the lower court should have sentenced him under the 1986 amended version of § 27.3455, which deleted the community service alternative for indigent defendants. See Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988); Hill v. State, 517 So. 2d 784 (Fla. 5th DCA 1988). We cannot review this motion, however, because the record on appeal does not contain the order placing appellant on community service or the order adjudging him indigent, and because appellant did not comply with the requirements for a facially sufficient Rule 3.850, Fla.R.Crim.P. motion. See Moore v. State, 510 So. 2d 1174 (Fla. 1st DCA 1987). We, therefore, affirm without prejudice to filing a proper motion.
AFFIRMED.
SMITH, C.J., and JOANOS, J., concur.
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In re Standard Jury Instructions-Contract & Bus. Cases, 116 So. 3d 284 (Fla. 2013)…mistake, or error. Farley v. Chase Bank, U.S.A., N.A., 37 So. 3d 936, 937 (Fla. 4th DCA 2010). 4. An agreement to a resulting balance may be established by the failure to object to the account statement. Myrick v. St. Catherine Laboure Manor, Inc., 529 So. 2d 369, 371 (Fla. 1st DCA 1988). 5. An objection to an account must be made within a reasonable time. Robert C. Malt & Co. v. Kelly Tractor Co., 518 So. 2d 991, 992 (Fla. 4th DCA 1988). 6. Fla. R. Civ. P. 1.933 (Form) (“A copy of the account showing item…
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Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Flake v. State, 517 So. 2d 784 (Fla. 5th DCA 1988)
- Christa Wood Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988)
- Robinson v. State, 520 So. 2d 675 (Fla. 1st DCA 1988)
- Moore v. State, 510 So. 2d 1174 (Fla. 1st DCA 1987)