DARRYL ANTONIO NORMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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MICKLE, Judge.
Appellant brings this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging his judgment of conviction and sentence for armed robbery. After an independent review of the record and the law, we see no error affecting his conviction and sentence and therefore AFFIRM. We must REVERSE, however, the trial court’s written order of restitution in the amount of $1338.00, which apparently was entered without notice or hearing, and REMAND for further proceedings in accordance with section 775.089, Florida Statutes (1993). See Dubois v. State, 650 So. 2d 228 (Fla. 1st DCA 1995) (remand required where order of restitution entered without notice or hearing); Medina v. State, 633 So. 2d 578 (Fla. 4th DCA 1994) (written order of restitution remanded where trial court did not mention restitution in its oral pronouncement of sentence); Rhoden v. State, 622 So. 2d 122 (Fla. 1st DCA 1993) (written restitution order reversed where entered without oral pronouncement or opportunity for defendant to be heard).
AFFIRMED in part, REVERSED in part, and REMANDED.
BENTON and VAN NORTWICK, JJ., concur.
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Cottle v. State, 733 So. 2d 963 (Fla. 1999)…eymore v. State, 693 So. 2d 647, 647 (Fla. 1st DCA 1997); Lee v. State, 677 So. 2d 312, 313 (Fla. 1st DCA 1996); Steel v. State, 684 So. 2d 290, 291-92 (Fla. 4th DCA 1996); Hilligenn v. State, 660 So. 2d 361, 362 (Fla. 2d DCA 1995); Graham v. State, 659 So. 2d 722, 723 (Fla. 1st DCA 1995); Wilson v. State, 647 So. 2d 185, 186 (Fla. 1st DCA 1994) (finding the foregoing elements stated “colorable ground for relief’); Majors v. State, 645 So. 2d 1110, 1110 (Fla. 1st DCA 1994) (finding a “sufficient” basis for an…
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Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001)…e, 622 So. 2d 122, 122-23 (Fla. 1st DCA 1993). Therefore, we strike the $3,685.62 in restitution from the written order and remand for further proceedings consistent with section 775.089, Florida Statutes. See Rhoden, supra, at 123; Norman v. State, 659 So. 2d 722 (Fla. 1st DCA 1995)(citing Dubois v. State, 650 So. 2d 228 (Fla. 1st DCA 1995); Medina v. State, 633 So. 2d 578 (Fla. 4th DCA 1994); Rhoden, supra). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opi…
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Thurmond Michael Harrison v. State, 677 So. 2d 58 (Fla. 1st DCA 1996)…State, 673 So. 2d 881 (Fla. 1st DCA 1996). As to the fourth issue, we must vacate the amounts imposed for the public defender’s lien and for restitution. See Brown v. State, 672 So. 2d 57 (Fla. 1st DCA 1996) (public defender’s hen); Norman v. State, 659 So. 2d 722 (Fla. 1st DCA 1995) (restitution). These amounts may be reimposed on remand, provided that appehant is given notice and an opportunity to be heard. AFFIRMED and REMANDED, with directions. MINER, ALLEN and LAWRENCE, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Rhoden v. State, 622 So. 2d 122 (Fla. 1st DCA 1993)
- Dubois v. State, 650 So. 2d 228 (Fla. 1st DCA 1995)
- Medina v. State, 633 So. 2d 578 (Fla. 4th DCA 1994)
- Buckins v. State, 633 So. 2d 578 (Fla. 4th DCA 1994)