JOSEPH BUCHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH BUCHY, APPELLANT,
STATE OF FLORIDA, APPELLEE
664 So. 2d 1064
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 5 cases
Opinion of the Court
THREADGILL, Chief Judge.
The appellant challenges a judgment and sentence for escape and an order revoking probation on a prior offense. We affirm the escape conviction, the revocation of probation, and the sentences. We strike, however, a $2.00 cost assessed pursuant to section 943.25(13), Florida Statutes (1993), because it was not orally pronounced at sentencing. This cost is a discretionary cost which must be individually announced at sentencing to give the defendant an opportunity to object. Reyes v. State, 655 So. 2d 111, 117 (Fla. 2d DCA 1995).
Affirmed; cost stricken.
SCHOONOVER and PATTERSON, JJ., concur.
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A.C. v. State, 688 So. 2d 1004 (Fla. 2d DCA 1997)…. Commitment to the Department and community service is limited to the maximum adult term or to the date of the juvenile’s [*1005] twenty-first birthday, whichever occurs first. See C.P. v. State, 674 So. 2d 183 ( Fla. 2d DCA 1996); S.P. v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995). Since the maximum term for battery that appellant could have received as an adult for the instant offense is one year, the sentence he received was not a legal sentence. See §§ 775.082(4)(a) and 784.08, Fla. Stat. (1995). We, the…
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Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996)…ment, we strike that portion of condition 12. See Malone, 652 So. 2d at 904. We also strike the $2 discretionary cost imposed under section 943.25(13), Florida Statutes (1993), because it was not orally pronounced at sentencing. See Buchy v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995). The trial court entered judgment for a $1,000 public defender fee. See § 27.56, Fla.Stat. (1993). As defense counsel argues, the record contains no basis for the $1,000 fee — nothing reveals the hourly rate or time spent on the…
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T.C. v. State, 736 So. 2d 698 (Fla. 1st DCA 1998)…21 years of age. Therefore, in accordance with the above case law, the disposition order must be reversed and the case remanded for entry of a new order limiting the commitment for the misde [*699] meanor offense to one year. See also S.P. v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995). On remand, the trial court should enter separate disposition orders for each offense. See J.M.J. v. State, 22 Fla. L. Weekly D1673, — So. 2d -, 1997 WL 369951 (Fla. 1st DCA July 7, 1997); A.L.W. v. State, 22 Fla. L. Weekly D2227,…
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- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)