FRANK SPRADLING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANK SPRADLING, APPELLANT,
STATE OF FLORIDA, APPELLEE
573 So. 2d 446
Florida District Court of Appeal, Second District (1991)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment and sentence in this case. However, we strike the provision in the judgment which assesses a public defender fee against appellant, because the record indicates these costs were imposed without prior notice or the opportunity to be heard. Our decision is without prejudice to the state to seek reimposition of the fee after adequate notice to appellant.
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993)…r v. State, 573 So. 2d 173, 174 (Fla. 5th DCA 1991). Once the judge enumerated a term of 15 years in the DOC, the judge elected to sentence Dyer to a term of years. Therefore, the maximum probation that can follow is 25 years. See Mitchell v. State, 573 So. 2d 446 (Fla. 2d DCA 1991). The reason probation can not exceed 25 years is that the combined sentence must fall within the statutory maximum of 40 years. See Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993); Ward v. State, 558 So. 2d 166 (Fla. 1st DCA 19…
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Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993)…a court opts to impose a term of years for a life felony committed after October 1, 1983, it is limited to 40 years. § 775.082(3)(a), Fla.Stat. (1991). The total duration of a split sentence must fall within the statutory maximum. Mitchell v. State, 573 So. 2d 446 [*530] (Fla. 2d DCA 1991). Accordingly, Wilson’s life felony sentences are excessive by 25 years and must be corrected after remand. By virtue of a statutory anomaly, the sentences for the first degree/life felonies — 30 years prison plus 30 years…
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Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA 1996)…entence. It has been held that only the incarcerative portion of a split sentence (a combination of state prison and probation) may not exceed the guidelines maximum. See Regueiro v. State, 619 So. 2d 463, 466 (Fla. 4th DCA 1993); Mitchell v. State, 573 So. 2d 446 (Fla. 2d DCA 1991). By contrast, the aggregate of a split sentence of incarceration and probation may not exceed the statutory maximum allowed by general law. See Saint v. State, 562 So. 2d 866 (Fla. 3d DCA 1990); Putt v. State, 527 So. 2d 914 (Fla.…
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