DALE DRINNON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred by imposing an upward departure sentence without filing written reasons at the time of sentencing.
Appellant pled nolo contendere to robbery with a weapon and aggravated battery. The trial court imposed an upward departure sentence but filed written…
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SCHOONOVER, Chief Judge.
The appellant, Dale Drinnon, challenges the sentences imposed upon him after he pled nolo contendere to charges of robbery with a weapon and aggravated battery.
The appellant, after pleading nolo conten-dere to the charges filed against him, was sentenced to serve two twenty year concurrent sentences1 and ordered to pay attorney’s fees in the amount of $250 and court costs in the amount of $650.
Although the trial court imposed an upward departure sentence, the court did not file written reasons for the departure at the time it sentenced the appellant, but instead signed and filed them approximately two weeks later. Since the written reasons were not executed at the time of sen tencing, the trial court erred by entering a departure sentence. Ree v. State, 565 So. 2d 1329 (Fla.1990). We, accordingly, reverse and remand for sentencing within the guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990).
Upon remand, if the trial court again awards an attorney’s fee pursuant to section 27.56, Florida Statutes (1989), the appellant must be informed of his right to contest the amount of said fees. Fla.R.Crim.P. 3.720(d)(1); see Bull v. State, 548 So. 2d 1103 (Fla.1989).
Reversed and remanded for resentencing.
CAMPBELL and ALTENBERND, JJ„ concur. . Although the appellant’s contention concerning the length of his sentence for aggravated battery is now moot, we note that the statutory maximum sentence for that offense is fifteen years. § 784.045(2), Fla.Stat. (1989); § 775.-082(3)(c), Fla.Stat. (1989).
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ELY v. State, 719 So. 2d 11 (Fla. 2d DCA 1998)…ection to the lien. If an objection is filed, the trial court shall strike the lien, and afford Mr. Ely notice and a hearing. Following that, a new lien may then be imposed. See Halyard v. State, 667 So. 2d 1028 (Fla. 2d DCA 1996); Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). One further point merits discussion. The trial court imposed 40 points for severe victim injury on Mr. Ely’s sentencing seoresheet. The imposition of victim injury points is within the discretion of the trial court. See McDonald…
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Williams v. State, 655 So. 2d 1205 (Fla. 2d DCA 1995)…On remand, the state may seek to reimpose appropriate costs in accordance with Reyes. Third, Williams was assessed $250 in attorney’s fees. However, he was not given notice of his right to contest the amount of the assessment. See Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). On remand, Williams shall have 30 days from the date of the mandate to file a written objection to the amount assessed. If an objection is filed with the trial court, the assessment shall be stricken, and a new assessment may be…
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Butler v. State, 661 So. 2d 50 (Fla. 2d DCA 1995)…must be stricken. On remand, the state may seek to reimpose appropriate costs in accordance with Reyes. Second, Butler was assessed attorney’s fees without being given notice of his right to contest the amount of those fees. See Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). On remand, if the trial court awards attorney’s fees, Butler must be informed of his right to contest the amount of the fees. Accordingly, we affirm the judgment and sentence, but strike portions of the costs assessed. PARKER…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)