WALTER FYLER, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
WALTER FYLER, APPELLANT/CROSS-APPELLEE,
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
645 So. 2d 108
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 6 cases
Opinion of the Court
DAUKSCH, Judge.
Appellant has raised no issue on appeal but this court has examined the record and found error. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); State v. Causey, 503 So. 2d 321 (Fla. 1987).
The judge erred in requiring appellant to make payments to First Step of Volusia County. See Macon v. State, 639 So. 2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994).
SENTENCE VACATED; REMANDED FOR RESENTENCING.
W. SHARP, and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buchanan v. State, 654 So. 2d 592 (Fla. 5th DCA 1995)…the court’s requirement that Buchanan pay $60.00 to First Step of Volusia County as a condition of probation. Accordingly, we affirm, but strike the condition mentioned above. See Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Fyler v. State, 645 So. 2d 108 (Fla. 5th DCA 1994); Drake v. State, 644 So. 2d 179 (Fla. 5th DCA 1994). AFFIRMED as modified. DAUKSCH, W. SHARP and GRIFFIN, JJ., concur.…
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Dumas v. State, 651 So. 2d 699 (Fla. 5th DCA 1995)…sentence. Because it was a departure from the sentencing guidelines and no reason was given for the departure, we vacate the sentence. State v. Davis, 630 So. 2d 1059 (Fla.1994). The requirement to pay money to “First Step” is error. Fyler v. State, 645 So. 2d 108 (Fla. 5th DCA 1994); McLeod v. State, 645 So. 2d 116 (Fla. 5th DCA 1994); Sweet v. State, 644 [*700] So. 2d 176 (Fla. 5th DCA 1994); Mittner v. State, 648 So. 2d 139 (Fla. 5th DCA 1994); Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Murray v.…
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Holly v. State, 651 So. 2d 707 (Fla. 5th DCA 1995)…ed correct. It will not be reversed. McNamara v. State, 357 So. 2d 410 (Fla.1978). This sentence raises the first appearance of “First Step” in a county in this district other than Volusia. That portion of the sentence is stricken. Fyler v. State, 645 So. 2d 108 (Fla. 5th DCA 1994); McLeod v. State, 645 So. 2d 116 (Fla. 5th DCA 1994); Sweet v. State, 644 So. 2d 176 (Fla. 5th DCA 1994); Mittner v. State, 648 So. 2d 139 (Fla. 5th DCA 1994); Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Murray v. State,…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Causey, 503 So. 2d 321 (Fla. 1987)
- Hernandez v. State, 638 So. 2d 214 (Fla. 4th DCA 1994)
- Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994)
- Levett & Bailey Hillier Parker v. ZHA Inc., 639 So. 2d 206 (Fla. 5th DCA 1994)
- MacOn v. State, 639 So. 2d 206 (Fla. 5th DCA 1994)