C.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
This is an appeal from an order placing appellant, a juvenile, on community control for possession of cocaine. The applicable statute, section 39.052(3)(a), Florida Statutes (1991), requires that the sentencing court consider a predisposition report before properly passing sentence. Because that was not done here we reverse the sentence and remand for resentencing after consideration of a predisposition report. See Levesen v. State, 553 So. 2d 290 (Fla. 2d DCA 1989); Hammonds v. State, 543 So. 2d 337 (Fla. 4th DCA 1989); Franklin v. State, 476 So. 2d 1346 (Fla. 1st DCA 1985); Franklin v. State, 473 So. 2d 763 (Fla. 1st DCA), dismissed sub nom. Owens v. State, 478 So. 2d 54 (Fla.1985); Upshaw v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985).
Also, the court imposed a lien for the public defender’s fees against appellant without giving appellant notice and an opportunity to be heard. This was error so this order is reversed. See In re R.B., 582 So. 2d 163 (Fla. 4th DCA 1991); Hostzclaw v. State, 561. So. 2d 1323 (Fla. 4th DCA 1990); McMahon v. State, 561 So. 2d 1284 (Fla. 5th DCA 1990).
REVERSED and REMANDED.
GOSHORN, C.J., and COWART, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Klarstrom v. State, 610 So. 2d 102 (Fla. 5th DCA 1992)…of the public defender. It is error to impose this lien without affording the defendant advance notice of the motion prior to any hearing on the matter, and (as in this case) to impose this lien without any hearing at all. See, e.g., C. W. v. State, 598 So. 2d 140 (Fla. 5th DCA 1992). Accordingly we strike the imposition of the public defender lien without prejudice for the state to properly notice Klarstrom of a future hearing and to conduct one for such purposes. In all other regards, the judgments are af…
Authorities Cited
- In the Interest of R.B., 582 So. 2d 163 (Fla. 4th DCA 1991)
- Martin v. Hoover, 473 So. 2d 763 (Fla. 4th DCA 1985)
- Franklin v. State, 476 So. 2d 1346 (Fla. 1st DCA 1985)
- Hammonds v. State, 543 So. 2d 337 (Fla. 4th DCA 1989)
- Hicks v. State, 561 So. 2d 1284 (Fla. 2d DCA 1990)
- McMAHON v. State, 561 So. 2d 1284 (Fla. 5th DCA 1990)
- Akrivos v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985)
- Grady Upshaw v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985)
- Goldsmith v. Satz, 553 So. 2d 290 (Fla. 4th DCA 1989)
- Leyesen v. State, 553 So. 2d 290 (Fla. 2d DCA 1989)