CLARENCE BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLARENCE BROOKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
655 So. 2d 238
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
MICKLE, J.
Appellant claims that the trial court imper-missibly ordered restitution upon resentencing following remand from this court, where no restitution was imposed at the original sentencing. We agree and remand to the trial court with directions to vacate the order of restitution. See Abt v. State, 581 So. 2d 1001 (Fla. 4th DCA), review denied 591 So. 2d 184 (Fla.1991); Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991).
WEBSTER and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reese v. State, 678 So. 2d 893 (Fla. 4th DCA 1996)…ssistance of a special public defender. See McDonald v. State, 631 So. 2d 1137, 1137 (Fla. 4th DCA 1994). A public defender fee, however, “may not be imposed without notice and the opportunity for meaningful consideration.” John [*895] son v. State, 655 So. 2d 238, 238 (Fla. 4th DCA), dismissed, 660 So. 2d 713 (Fla.1995). Section 27.56(7), Florida Statutes (1995), specifically provides that at the time the trial court determines the amount of fees, the defendant: after adequate notice thereof, shall have opp…
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LEE v. State, 710 So. 2d 1050 (Fla. 1st DCA 1998)…ary terms imposed after appellant’s successful appeal to be impermis-sibly harsher than the original sentences, we do conclude that the imposition of restitution for the first time on remand constituted a prohibited enhancement. Sqe Brooks v. State, 655 So. 2d 238 (Fla. 1st DCA 1995); Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991); Abt v. State, 581 So. 2d 1001 (Fla. 4th DCA 1991); Morganti v. State, 573 So. 2d 820 (Fla.1991). We therefore reverse the imposition of restitution and remand with instruction…
Authorities Cited
- Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991)
- ABT v. State, 581 So. 2d 1001 (Fla. 4th DCA 1991)
- State v. Iglesias, 581 So. 2d 1001 (Fla. 2d DCA 1991)