JOHNNY LOVE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the conviction for possession of cocaine but reversed the sentence imposed, finding it impermissible to impose both incarceration and community control.
Appellant was convicted of possession of cocaine and violation of probation. The trial court sentenced him to jail time and community control.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Public Defender'S Lien cases and more on FLexlaw
PER CURIAM.
The appellant, Johnny Love Williams, challenges the judgments and sentences imposed upon him after he was adjudicated guilty of violation of probation and the new substantive offense of possession of cocaine. We affirm the convictions but reverse the sentences.
Appellant, who was serving two separate probation sentences for possession of cocaine convictions, was charged with a new substantive offense of possession of cocaine and violation of probation. Appellant was found guilty by a jury of the new offense. The trial court adjudicated appellant guilty of the new substantive offense and found that this conviction constituted a violation of the two probation terms he was serving. The court sentenced appellant to ninety days in the county jail and two years community control. Appellant filed a timely notice of appeal.
We find no reversible error in regard to appellant’s challenge of the new substantive offense and affirm the conviction. However, the sentence imposed by the trial court of incarceration and community control was in error because the permitted sentence under the guidelines was community control or incarceration, but not both. Felty v. State, 630 So. 2d 1092 (Fla.1994). We accordingly reverse the sentence and remand for resentencing.
Appellant has also challenged the public defender lien and various costs imposed upon him. At resentencing if the court decides to impose a public defender lien, the procedures of Florida Rule of Criminal Procedure 3.720 must be followed. Also, any nondiscretionary costs imposed by the court must be accompanied by a reference to its statutory authority. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994).
Affirmed in part, reversed in part, and remanded.
SCHOONOVER, A.C.J., and FRANK and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
I.B. v. State, 806 So. 2d 610 (Fla. 4th DCA 2002)…support for the legal principle the case announced. Rather, R.T.D. demonstrates how short opinions can spontaneously generate a legal requirement which, when once stated in an opinion, develops a life of its own. R.T.D. cites to Williams v. State, 661 So. 2d 1243 (Fla. 2d DCA 1995), and Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). Williams relies completely on Sutton, which holds that for statutorily mandated court costs, “the record must contain a citation to the proper statutory authority supportin…
-
Phelps v. State, 712 So. 2d 773 (Fla. 2d DCA 1998)…public defender lien. Athough the court informed the defendant that he was imposing a $500 public defender lien, which he had the right to challenge, the written judgment does not reflect the statutory authority for the lien. See Williams v. State, 661 So. 2d 1243 (Fla. 2d DCA 1995); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). The judgment must be corrected to recite the appropriate statute. In addition, an unauthorized “$100 attorney cost” must be stricken. See Reyes; Boughman v. State, 701 So. 2d 639…
-
Boughman v. State, 701 So. 2d 639 (Fla. 2d DCA 1997)…rt imposed a $500 public defender’s hen after informing Boughman of the amount of the lien and his right to challenge it. The written judgment, however, does not reflect the statutory authority upon which the lien was imposed. See Williams v. State, 661 So. 2d 1243 (Fla. 2d DCA 1995); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). The judgment must be corrected to recite the appropriate statute. Furthermore, a $100 “attorney cost” was announced at the sentencing but without reference to statutory authority…
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
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Felty v. State, 630 So. 2d 1092 (Fla. 1994)