EDDIE SNYDER HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that probationary and incarcerative sentences cannot be served simultaneously, and costs imposed without notice are invalid.
Defendant pleaded guilty to drug offenses and received sentences including incarceration and probation. He appealed the probationary portion of the se…
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FRANK, Chief Judge.
Hill has appealed from sentences for one count of sale or delivery of cocaine within 1,000 feet of a school and another count of possession of cocaine. These sentences were imposed pursuant to a plea agreement. Hill now contests the legality of the probationary portion of the sentence.
In case number 91-576 the court sentenced Hill to 10½ years incarceration plus 2⅜ years probation. Hill was also sentenced in case number 91-577 to eight years probation, apparently to run concurrent with the sentence in case number 91-576. Because probationary and inearcerative sentences cannot be served simultaneously, Nobles v. State, 605 So. 2d 996 (Fla. 2d DCA 1992), we reverse and remand the sentence for correction.
We note also that Hill has contested the trial court’s oral pronouncement that he pay certain costs, contending that they were ordered without notice. A defendant must be given notice before costs can be imposed, unless those costs are statutorily mandated. State v. Beasley, 580 So. 2d 139 (Fla.1991); Alfonso v. State, 595 So. 2d 583 (Fla. 2d DCA 1992). The costs imposed upon Hill were not a part of the written judgment and sentence and are therefore not binding on him. The same is trae of conditions of probations announced in open court. They were never reduced to writing in an order signed by the judge and accordingly have no effect.
DANAHY and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Dewitt v. State, 639 So. 2d 694 (Fla. 5th DCA 1994)…lting in aggregate sentence of more than one year in county jail permissible when all offenses are misdemeanors). Second, it was error to order probation on count I to be served simultaneously with incarceration on counts II and III. Hill v. State, 624 So. 2d 417 (Fla. 2d DCA 1993). Third, it was error to impose a public defender’s lien at the hearing without apprising Dewitt of his right under Rule 3.720(d)(1) to a hearing to challenge the amount. Fulmore v. State, 634 So. 2d 829 (Fla. 5th DCA 1994); Smith…
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Hatton v. State, 689 So. 2d 1195 (Fla. 4th DCA 1997)…ative portion of Count II. The second and fifth districts have held that it is error to order probation on one count to be served simultaneously with incarceration on another count. Dewitt v. State, 639 So. 2d 694 (Fla. 5th DCA 1994); Hill v. State, 624 So. 2d 417 (Fla. 2d DCA 1993). See also Barr v. State, 474 So. 2d 417 (Fla. 2d DCA 1985) (holding it is reversible error to impose concurrent terms of imprisonment and probation). The Florida Supreme Court has also held that section 948.01(6), Florida Statut…
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Thomas v. State, 667 So. 2d 440 (Fla. 4th DCA 1996)…sed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. See Cunningham v. State, 646 So. 2d 274 (Fla. 5th DCA 1994). A legally sufficient claim requires attachment of documents to support a denial of relief. Id.; see also Small v. State, 624 So. 2d 417 (Fla. 5th DCA 1993). The trial court did not attach any documents to the order to conclusively show that appellant was not entitled to the relief he requested. Because the trial court failed to do so, we must reverse the order denying relief and rem…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Nobles v. State, 605 So. 2d 996 (Fla. 2d DCA 1992)
- Britton v. State, 595 So. 2d 583 (Fla. 2d DCA 1992)
- Alfonso v. State, 595 So. 2d 583 (Fla. 2d DCA 1992)