SAMPSON E. RILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1989-05-18
No. 88-1434
ORFINGER and DANIEL, JJ., concur.
543 So. 2d 424 Florida District Court of Appeal, Fifth District (1989) Caution
Cited by 5 cases
Opinion of the Court
GOSHORN, Judge.

GOSHORN, Judge.

This is an appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The record of the sentencing hearing establishes that the trial judge orally announced he would not impose a public defender’s lien or any court costs. However, the judgment prepared for signature inadvertently checked certain boxes imposing these costs. The state concedes that this was done in error. The judgment is affirmed except as to the provisions imposing a lien for the public defender services and court costs which provisions are stricken.

Affirmed as modified.

ORFINGER and DANIEL, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lewis v. State, 740 So. 2d 82 (Fla. 3d DCA 1999)
    …urglary with a battery, and the battery is the same in both charges. See Crawford v. State, 662 So. 2d 1016 (Fla. 5th DCA 1995); Febles v. State, 654 So. 2d 615 (Fla. 3d DCA 1995); Watson v. State, 646 So. 2d 288 (Fla. 2d DCA 1994); Slater v. State, 543 So. 2d 424 (Fla. 5th DCA 1989); Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989). Defendant’s convictions and sentences on counts 3, 5, and 6 are hereby vacated. This cause is remanded for re-sentencing. The order denying relief is affirmed on all other…
  • Febles v. State, 654 So. 2d 615 (Fla. 3d DCA 1995)
    …urglary with an assault, simple assault, criminal mischief and battery. In light of the conviction for burglary with an assault, his conviction for simple assault arising out of the same incident was a double jeopardy violation. See Slater v. State, 543 So. 2d 424 (Fla. 5th DCA 1989); Smith v. State, 541 So. 2d 1275 (Fla. 1st DCA 1989); Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989). We therefore affirm the appellant’s conviction for burglary with an assault but reverse the conviction and sentence for t…
  • Harrison v. State, 755 So. 2d 820 (Fla. 5th DCA 2000)
    …security guard he committed a battery and by that battery converted the theft into a robbery. These two convictions cannot stand, so the battery conviction must be vacated. See Crawford v. State, 662 So. 2d 1016 (Fla. 5th DCA 1995); Slater v. State, 543 So. 2d 424 (Fla. 5th DCA 1989). Because the charge of robbery in this case alleges the taking “and subsequent to said taking in a continuous series of acts or events with said taking [he] did use forcé violence, assault, or putting in fear” and because the jur…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw