DONALD LLOYD SPIVEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the judgment and sentence for sexual battery but reversed and remanded the contempt sentence and imposition of costs and fees.
The defendant was convicted of sexual battery and direct criminal contempt, and costs and public defender fees were imposed. The defendant appealed mu…
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BLUE, Judge.
Defendant, Donald Lloyd Spivey, appeals his judgment and sentence for sexual battery with slight force, his sentence for direct contempt, and the imposition of costs and public defender fees. The defendant raises numerous arguments which we find to be without merit concerning the sexual battery conviction. We affirm his judgment and sentence for that offense.
The defendant next raises three objections to his sentence of six months in the county jail for direct criminal contempt. We, however, accept only his argument that the trial court erred by failing to provide a written judgment of guilt reciting the facts upon which the adjudication of guilt was based as required by Florida Rule of Criminal Procedure 3.830. Osborne v. State, 430 So. 2d 551 (Fla. 2d DCA 1983). Accordingly, we reverse and remand with directions that the court render a judgment which complies with Rule 3.830.
The defendant’s last objection is to the imposition of costs and public defender fees. The state concedes the record is unclear with regard to costs other than those provided by section 27.3455, Florida Statutes (1989). The state also concedes the defendant was not given proper notice of his right to a hearing to contest the amount of the public defender’s lien as required by Florida Rule of Criminal Procedure 3.720(d)(1). The costs imposed pursuant to section 27.3455 are approved. We reverse the imposition of all other fees and costs and remand for the trial court to determine, if it wishes, the amount of public defender fees and appropriate costs at a hearing with the defendant present after proper notice.
Affirm in part; reverse in part and remand with directions.
CAMPBELL, A.C.J., and HALL, J., concur.
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Schenck v. State, 645 So. 2d 71 (Fla. 4th DCA 1994)…er where judgment did not recite facts constituting contempt) rev. denied, 629 So. 2d 134 (1993); and Woods v. State, 600 So. 2d 27 (Fla. 4th DCA 1992) (contempt judgment must include recital of facts constituting contempt); accord, Spivey v. State, 616 So. 2d 550 (Fla. 2d DCA 1993); Johnson v. State, 584 So. 2d 95 (Fla. 1st DCA 1991); Wells v. State, 487 So. 2d 1101 (Fla. 5th DCA), cause dism’d, 491 So. 2d 281 (Fla.1986); Tenorio v. State, 462 So. 2d 880 (Fla. 2d DCA 1985); Osborne v. State, 430 So. 2d 551 (…
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McGLAMORY v. State, 723 So. 2d 388 (Fla. 2d DCA 1999)…w the procedural requirements of Florida Rule of Criminal Procedure 3.830. The trial court failed to provide a written judgment of guilt reciting the facts upon which the adjudication of guilt is based as required by rule 3.830. See Spivey v. State, 616 So. 2d 550 (Fla. 2d DCA 1993). [*389] Therefore, we reverse McGlamory’s criminal contempt order and remand the case with directions that the trial court render a judgment in compliance with rule 3.830. Reversed and remanded with directions. PARKER, C.J., a…
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Sikorski v. State, 687 So. 2d 46 (Fla. 2d DCA 1997)…w the procedural requirements of Florida Rule of Criminal Procedure 3.830. The trial court failed to provide a written judgment of guilt reciting the facts upon which the adjudication of guilt is based as required by rule 3.830. See Spivey v. State, 616 So. 2d 550 (Fla. 2d DCA 1993). Therefore, we reverse Sikorski’s direct criminal contempt order and remand the case with directions that the trial court render a judgment in compliance with rule 3.830. Reversed and remanded with directions. FRANK, A.C.J., a…
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- Osborne v. State, 430 So. 2d 551 (Fla. 2d DCA 1983)