RONNIE NEIL POPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-05-22
No. 91-01017
LEHAN, A.C.J., and ALTENBERND, J., concur.
598 So. 2d 309 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 4 cases
Topics
Notice Of Hearing Probation Conditions Attorney'S Fees

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Opinion of the Court
FRANK, Judge.

FRANK, Judge.

Ronnie Neil Pope challenges the judgment and sentences imposed upon him for burglary of a dwelling and grand theft. We affirm the convictions and sentences, including the fine and restitution ordered by the trial court, but we strike the conditions of probation pertaining to the consumption of alcohol, and barring him from premises upon which alcohol is served. These conditions do not reasonably relate to the crimes for which Pope was convicted. Daniels v. State, 583 So. 2d 423 (Fla. 2d DCA 1991). We also strike the attorney’s fee assessed pursuant to section 27.-56(l)(a), Florida Statutes (1989). Pope was not advised at sentencing of his right to contest the assessment. See Fla.R.Crim.P. 3.720(d)(1). In the event, on remand, that reimposition of the attorney’s fee is sought, Pope is entitled to notice and a hearing at which he has an opportunity to object to the amount of the fee. Bull v. State, 548 So. 2d 1103 (Fla.1989).

LEHAN, A.C.J., and ALTENBERND, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Carroll v. State, 602 So. 2d 702 (Fla. 5th DCA 1992)
    …e identified two minor sentencing errors. First, the public defender’s fee and lien in the judgment are stricken and the matter remanded for the required notice and specific opportunity for the defendant to be heard before assessment. Pope v. State, 598 So. 2d 309 (Fla. 2d DCA 1992); Rice v. State, 576 So. 2d 434 (Fla. 2d DCA 1991); Anderson v. State, 556 So. 2d 527 (Fla. 5th DCA 1990). Second, there is a discrepancy between the oral pronouncement of restitution to the victim, Margaret Little, and the written…
  • Hayes v. State, 686 So. 2d 602 (Fla. 2d DCA 1996)
    …rt erred in imposing certain costs. We strike the trial court’s imposition of the $500 public defender’s lien and the $100 attorney cost since the appellant was not advised at sentencing of his right to contest those assessments. See Pope v. State, 598 So. 2d 309 (Fla. 2d DCA 1992). See also Jones v. State, 623 So. 2d 627 (Fla. 5th DCA 1993). The assessment for prosecution/investigative costs is also stricken since it was not requested by the state and the trial court did not consider the appellant’s financi…

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