JOHNNY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse appellant’s sentence and remand for resentencing. The nature of the errors we address does not require that appellant be present for resentencing.
The assessment of a fee for the Public Defender is stricken for lack of proper notice. Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA1991); Hostzclaw v. State, 561 So. 2d 1323 (Fla. 4th DCA1990).
The written sentence must be amended to comport with the oral sentence. E.g., Newberry v. State, 616 So. 2d 1093 (Fla. 4th DCA1993); McBee v. State, 581 So. 2d 1009 (Fla. 4th DCA1991); Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA1990).
It is unclear whether the trial court intended to impose habitual felony offender status for each and every count or as to Count I only. This must be clarified upon remand.
REVERSED AND REMANDED.
ANSTEAD, HERSEY and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jerry v. State, 955 So. 2d 668 (Fla. 4th DCA 2007)…a. Stat. (2005); Fla. R.Crim. P. 3.720(d)(1). See also Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA 1991); Hostzclaw v. State, 561 So. 2d 1323 (Fla. 4th DCA 1990). On remand, the fee may be reimposed after compliance with the rule. Jones v. State, 624 So. 2d 812 (Fla. 4th DCA 1993). The defendant need not be present for resentencing. Id. STEVENSON, C.J., GUNTHER and FARMER, JJ., concur.…
Authorities Cited
- Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990)
- Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA 1991)
- Tetro v. State, 581 So. 2d 1009 (Fla. 4th DCA 1991)
- Westley Hostzclaw v. State, 561 So. 2d 1323 (Fla. 4th DCA 1990)
- Newberry v. State, 616 So. 2d 1093 (Fla. 4th DCA 1993)