LEROY FERGUSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that an upward departure sentence requires written reasons, and a defendant is entitled to notice and a hearing before imposition of costs and attorney's fees.
Defendant was convicted of first-degree murder and burglary with battery. The trial court imposed an upward departure sentence for burglary without wr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Written Reasons For Sentencing cases and more on FLexlaw
PER CURIAM.
Mr. Ferguson appeals his convictions and sentences for first-degree murder and burglary with a battery. He maintains that the trial court improperly denied his motion to suppress certain articles obtained pursuant to a search warrant. He. also disputes the upward departure on his sentence for the burglary conviction because the trial court provided no written reasons. Finally, he contests the denial of any notice and hearing prior to the imposition of attorney’s fees and costs. We find no error in the trial court’s denial of the motion to suppress and affirm the defendant’s convictions. We reverse the upward departure sentence and the order imposing costs and attorney’s fees.
In sentencing the defendant on the burglary conviction, the trial court departed upward without giving written reasons. Although the unscored capital conviction would be a valid reason for an upward departure, we cannot affirm the sentence when that reason has not been reduced to writing. Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986); Ree v. State, No. 71,424
(Fla. Nov. 16, 1989) [14 F.L.W. 565]; State v. Jackson, 478 So. 2d 1054 (Fla.1985).
Finally, Mr. Ferguson was not given any notice and hearing before the trial court imposed attorney’s fees and costs. The state argues that the defendant waived his right to notice and hearing by signing the affidavit of insolvency. Mr. Ferguson was entitled to notice and a hearing before the imposition of attorney’s fees and costs, notwithstanding the signed affidavit of insolvency. Bull v. State, 548 So. 2d 1103 (Fla.1989); Wood v. State, 544 So. 2d 1004 (Fla.1989).
Affirmed in part, reversed in part, and remanded for proceedings consistent with this opinion.
FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Britton v. State, 604 So. 2d 1288 (Fla. 2d DCA 1992)…the imposition of the public defender’s lien. The notice of lien that Britton received in the affidavit of insolvency was not sufficient to comport with the requirements set forth in Bull v. State, 548 So. 2d 1103 (Fla.1989). See Ferguson v. State, 554 So. 2d 1214 (Fla. 2d DCA 1990). Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. PARKER, A.C.J., and PATTERSON, J., concur. . The defendant was charged with burglary of only the Jenkinses’ home. No charge…
-
Watson v. State, 718 So. 2d 253 (Fla. 2d DCA 1998)…he true split, habitual offender sentence. Finally, Watson correctly argues that the trial court erred by imposing attorney’s fees without notice of the right to a hearing even though he had signed an affidavit of insolvency. See Ferguson v. State, 554 So. 2d 1214, 1215 (Fla. 2d DCA 1990). The trial court also erred by imposing the discretionary $2 cost without oral pronouncement. Upon remand, the trial court should comply with Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). We affirm the convic…
-
Huffman v. State, 192 So. 3d 687 (Fla. 2d DCA 2016)…court cannot “speculate on the trial judge’s action on remand and, in any event, [a defendant] is entitled to appellate review of the mandatory findings written in support of any departure.” Whitfield, 487 So. 2d at 1047; see also Ferguson v. State, 554 So. 2d 1214, 1215 (Fla. 2d DCA 1990) (“Although the unscored capital conviction would be a valid reason for an upward departure, we cannot affirm the sentence when'that reason has not been reduced to writing.”).6 IV( CONCLUSION Based on the foregoing, we affi…
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. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)
- Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986)