STEVEN D. WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed White's convictions for attempted first-degree murder, armed kidnapping, attempted sexual battery, and conspiracy, but vacated the mandatory minimum sentence for conspiracy, the restitution award, and the public defender's lien, remanding for proper proceedings.
The mandatory minimum sentence for conspiracy to commit first-degree murder, sexual battery, and kidnapping is not authorized by statute and must be vacated; restitution must be vacated and remanded for proper hearing and pronouncement; and the public defender's lien must be stricken.
[1] A mandatory minimum sentence imposed for conspiracy to commit first-degree murder, sexual battery, and kidnapping pursuant to section 775.087(2)(a)1, Florida Statutes, is…
[2] Restitution awards must be vacated and remanded when the record does not establish that the issue was heard, that oral pronouncement was made, or what evidence supports t…
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PER CURIAM.
We find no error in appellant’s convictions and sentences for the crimes of attempted first-degree murder, armed kidnapping, attempted sexual battery and conspiracy to commit first-degree murder and/or sexual battery and/or kidnapping, save in two respects. First, the minimum mandatory sentence imposed for conspiracy to commit first-degree murder, sexual battery and kidnapping pursuant to section 775.087(2)(a)l, Florida Statutes (1993) is vacated because it is not authorized by the statute. Kennedy v. State, 564 So. 2d 1127,1129-30 (Fla. 1st DCA 1990). Second, the basis for the restitution award is a mystery. We cannot determine that the issue of restitution was ever heard, whether it was heard but no oral pronouncement made, or what evidence supports the amounts imposed. Accordingly, the restitution is vacated and remanded to the lower court for reimposition, if appropriate, upon proper notice, hearing and pronouncement. Finally, the state concedes the public defender’s lien must be stricken and remanded for compliance with Florida Rule of Criminal Procedure 3.720(d)(1). Burke v. State, 642 So. 2d 677 (Fla. 5th DCA 1994).
AFFIRMED in part; REVERSED in part; and REMANDED.
HARRIS, C.J., and COBB and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tooley v. State, 675 So. 2d 984 (Fla. 5th DCA 1996)…pted first degree murder,1 armed kidnapping,2 attempted sexual battery3 and conspiracy to commit first degree murder.4 Tooley argues and the state concedes it was error to sentence him to a mandatory minimum sentence for conspiracy. White v. State, 657 So. 2d 1223 (Fla. 5th DCA 1995); Kennedy v. State, 564 So. 2d 1127 (Fla. 1st DCA 1990). Accordingly, we vacate that portion of the sentence. Tooley’s remaining arguments lack merit. We affirm. Tooley contends that the trial court should have dismissed the atte…
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Rosario v. State, 260 So. 3d 335 (Fla. 4th DCA 2018)…m [his] sentence because they are not statutorily authorized.” The State concedes that the ten-year mandatory minimum terms of Rosario’s sentence are illegal. See, e.g., Tooley v. State, 675 So. 2d 984, 985 (Fla. 5th DCA 1996); White v. State, 657 So. 2d 1223, 1223 (Fla. 5th DCA 1995); Kennedy v. State, 564 So. 2d 1127, 1129–30 (Fla. 1st DCA 1990). As a result of the State’s proper concession of error, we remand for a ministerial sentence correction—to strike the ten-year mandatory minimum terms…
Authorities Cited
- Kennedy v. State, 564 So. 2d 1127 (Fla. 1st DCA 1990)
- Bunch v. Hon. Carl Markel, 642 So. 2d 677 (Fla. 5th DCA 1994)