THOMAS CARROLL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS CARROLL, APPELLANT,
STATE OF FLORIDA, APPELLEE
602 So. 2d 702
Florida District Court of Appeal, Fifth District (1992)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon review of this Anders appeal, we have 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 order ($9.39 vs. $99.39), which requires clarification or correction.
SENTENCE VACATED; REMANDED.
W. SHARP, PETERSON and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 616 So. 2d 180 (Fla. 5th DCA 1993)…. The State is free to [*181] properly notice the defendant of a future hearing on this issue, at which time the defendant may dispute the amount of the lien if he so desires. Klarstrom v. State, 610 So. 2d 102 (Fla. 5th DCA 1992); Carroll v. State, 602 So. 2d 702 (Fla. 5th DCA 1992). AFFIRM; QUASH LIEN and REMAND. GOSHORN, C.J., and W. SHARP, J., concur.…
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Owens v. State, 616 So. 2d 573 (Fla. 5th DCA 1993)…appeal, we have identified two minor sentencing errors. First, the public defender’s fee in the judgment are stricken and the matter remanded for the required notice and opportunity for the defendant to be heard before assessment. Carroll v. State, 602 So. 2d 702 (Fla. 5th DCA 1992), and cases cited therein. Second, there is no authority for imposition of a state attorney’s fee and it is stricken. Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992). JUDGMENT AFFIRMED; SENTENCE VACATED in part and REMANDED.…
Authorities Cited
- Anderson v. State, 556 So. 2d 527 (Fla. 5th DCA 1990)
- Pope v. State, 598 So. 2d 309 (Fla. 2d DCA 1992)
- Walker v. State, 576 So. 2d 434 (Fla. 2d DCA 1991)