RUBIN BAXTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Notice And Hearing Requirements cases and more on FLexlaw
PER CURIAM.
We affirm appellant’s conviction, but remand for resentencing and notice and hearing as to the assessment of a public defender’s fee and investigation costs.
The state concedes that appellant could not be adjudged a habitual offender as all of his prior convictions occurred on the same day. See Williams v. State, 573 So. 2d 451 (Fla. 4th DCA 1991).
The state further concedes that the trial court improperly sentenced appellant by causing him to be “present” in court via closed circuit television. See Jacobs v. State, 567 So. 2d 16 (Fla. 4th DCA 1990).
We hold that appellant should have been given notice and opportunity to be heard on the state’s intention to have the trial court assess a public defender’s fee and investigative costs. See In re R.B., 582 So. 2d 163 (Fla. 4th DCA 1991).
REVERSED AND REMANDED FOR RESENTENCING AND FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
STONE, GARRETT and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rubin Baxter v. State, 617 So. 2d 338 (Fla. 1st DCA 1993)…gued that Delguidice and Johnson held only that a conviction on appeal at the time of sentencing could not support habitualization if the conviction was eventually reversed. Because the disputed conviction herein was later affirmed, Baxter v. State, 584 So. 2d 1034 (Fla. 4th DCA 1991), the state properly relied on it to support habitualization. The state also averred that, regardless of the disputed conviction, Baxter had two or more qualifying prior felony convictions so that he qualified for habitual offende…
Authorities Cited
- In the Interest of R.B., 582 So. 2d 163 (Fla. 4th DCA 1991)
- Hasan Jones v. State, 567 So. 2d 16 (Fla. 4th DCA 1990)
- Shelton Thompkin v. State, 573 So. 2d 451 (Fla. 4th DCA 1991)
- Williams v. State, 573 So. 2d 451 (Fla. 4th DCA 1991)