ROBERT F. SNYDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert F. Snyder appealed his sentence for uttering a forged instrument and petit theft, challenging the constitutionality of Florida's Civil Restitution Lien and Crime Victim's Remedy Act of 1994. The appellate court declined to address the constitutional challenge due to lack of a separate restitution lien order in the record, but reversed portions of the sentence regarding improper costs.
The court declined to reach the constitutional challenge for lack of a proper separate restitution lien order in the record. However, the court reversed the $33 cost/fine for lack of statutory authority and the $2 discretionary cost for failure to announce it at sentencing, but affirmed the $300 attorney's fees that were part of the plea bargain.
[1] A constitutional challenge to Florida's Civil Restitution Lien and Crime Victim’s Remedy Act is not ripe for review when the record lacks a separate order requiring resti…
[2] A trial court errs in imposing a cost or fine without citing statutory authority.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The court shall enter separate civil restitution lien orders as appropriate in favor of the crime victims, the state, its local subdivisions, or aggrieved parties. The civil restitution lien order shall include the name of the convicted offender, the case number assigned to the applicable criminal case, and the names and social security numbers of the crime victim, state, its local subdivisions, or aggrieved parties, as appropriate.”
Establishes the statutory requirement for separate restitution lien orders that was lacking in the record, preventing the court from reaching the constitutional challenge.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSnyder was convicted of uttering a forged instrument and petit theft. At sentencing, the trial court imposed various costs and fines including a $33 c…
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PATTERSON, Judge.
Robert F. Snyder appeals from his sentence for uttering a forged instrument and petit theft. He challenges the constitutional ity of Florida’s Civil Restitution Lien and Crime Victim’s Remedy Act of 1994, sections 960.29 through 960.297, Florida Statutes (Supp.1994). We decline to reach this issue since the record is devoid of a separate order requiring restitution under the Act, as is required by section 960.292(3).1
The court shall enter separate civil restitution lien orders as appropriate in favor of the crime victims, the state, its local subdivisions, or aggrieved parties. The civil restitution lien order shall include the name of the convicted offender, the case number assigned to the applicable criminal case, and the names and social security numbers of the crime victim, state, its local subdivisions, or aggrieved parties, as appropriate.
We agree with the appellant’s second argument that the trial court erred in imposing a $33 “cost/fine” as part of the appellant’s sentence because no statutory authority was cited for it. See Evans v. State, 653 So. 2d 1103 (Fla. 2d DCA 1995); Stallworth v. State, 640 So. 2d 218 (Fla. 2d DCA 1994). Accordingly, we strike the imposition of that cost. We also strike the $2 discretionary cost imposed pursuant to section 943.25(13), Florida Statutes (1993), because the trial court failed to specifically announce that cost at sentencing. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). However, we affirm the imposition of $300 for attorney’s fees since the appellant agreed to pay that cost as part of his plea bargain.
Affirmed in part, reversed in part.
SCHOONOVER, A.C.J., and QUINCE, J., concur. . Section 960.292(3), Florida Statutes (Supp. 1994), states:
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lacretia Anne Holley v. State, 666 So. 2d 222 (Fla. 2d DCA 1995)…PER CURIAM. This case raises issues identical to those discussed in Snyder v. State, 664 So. 2d 1073, 1074 (Fla. 2d DCA 1995). We decline to reach the constitutionality of the Florida Civil Restitution Lien and Crime Victim’s Remedy Act of 1994, sections 960.29 through 960.297, Florida Statutes (Supp.1994), because the trial court prepared no separ…
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Gamble v. State, 668 So. 2d 1048 (Fla. 2d DCA 1996)…rough 960.297, Florida Statutes (Supp.1994).1 Neither appeal, however, is properly before this court for the reasons expressed in Nevels v. State, 20 Fla. L. Weekly D2748, — So. 2d — [1995 WL 733070] (Fla. 2d DCA Dec. 13, 1995), and Snyder v. State, 664 So. 2d 1073 (Fla. 2d DCA 1995). Affirmed. THREADGILL, C.J., and FULMER, J., concur. . We consolidate these appeals, sua sponte, for the purposes of consideration and determination.…
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Coradi v. State, 670 So. 2d 1112 (Fla. 2d DCA 1996)…restitution lien. The $10,000.00 referred to in the plea agreement does not constitute a restitution lien unless a separate order is entered imposing the lien pursuant to section 960.292(3), Florida Statutes (Supp.1994). See [*1113] Snyder v. State, 664 So. 2d 1073 (Fla. 2d DCA 1995); Holley v. State, 666 So. 2d 222 (Fla. 2d DCA 1995). Accordingly, we affirm the judgment and sentence of the trial court. PARKER and PATTERSON, JJ., concur.…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Evans v. State, 653 So. 2d 1103 (Fla. 2d DCA 1995)
- Stallworth v. State, 640 So. 2d 218 (Fla. 2d DCA 1994)