TIMOTHY DENNIS WYNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence for robbery, but reversed and remanded for resentencing on probation violations due to improper sentence length and struck certain costs and a public defender lien.
Timothy Wynn appealed his convictions and sentences. The state conceded sentencing errors regarding probation violations for aggravated assault convic…
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RYDER, Acting Chief Judge.
Timothy Wynn raises five issues for our consideration in this appeal. We affirm, without discussion, on the issues addressing the trial court’s evidentiary rulings. Likewise, we find no error in the court’s decision to sentence Wynn as a habitual violent felony offender and affirm on that point as well. The state concedes that the court erred in sentencing Wynn to concurrent seven-year terms of imprisonment for violating probation on his three 1990 convictions for aggravated assault. These convictions were for third degree felonies, punishable by a maximum of five years’ imprisonment. § 775.082(3), Fla.Stat. (1989). We reverse Wynn’s sentence for violation of probation and remand to the trial court to impose concurrent five-year terms of imprisonment. Wynn need not be present for resentencing.
The court also imposed $275.00 in court costs in connection with Wynn’s violation of probation, and $1,500.00 in court costs for his robbery conviction. These costs were not announced at sentencing and the written orders do not state the statutory authority under which they were imposed. We strike these costs pursuant to Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc).
Additionally, the court assessed a $2,000.00 public defender lien without advising Wynn of his right to object. On remand, pursuant to Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992), Mr. Wynn shaU have thirty days from the date of the mandate within which to file a written objection to the amount assessed. If he files an objection, the assessment shall be stricken. The court shall not impose a new assessment without notice and a hearing pursuant to Florida Rule of Criminal Procedure 8.720(d)(1).
Affirmed in part, reversed in part, and remanded.
FRANK and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Phelps v. State, 696 So. 2d 1307 (Fla. 2d DCA 1997)…give Phelps thirty days from the date of the mandate to file a written objection to the amount assessed. If Phelps files a written objection, the costs must be stricken. The costs may be reimposed with proper notice and a hearing. See Wynn v. State, 664 So. 2d 1127 (Fla. 2d DCA 1995). Phelps argues, and the state concedes, that the trial court erred in ordering certain conditions of probation. We strike condition 7, prohibiting the possession of drugs without a prescription, because it is impermissibly vague…
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Hill v. State, 696 So. 2d 1328 (Fla. 2d DCA 1997)…days of the date of the mandate. If Hill files an objection, the lien must be stricken. The trial court may then assess a new hen if Hill is provided notice and a hearing pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). See Wynn v. State, 664 So. 2d 1127 (Fla. 2d DCA 1995). Affirmed in part and remanded. SCHOONOVER, A.C.J., and LAZZARA, J., concur.…
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Cooper v. State, 679 So. 2d 1272 (Fla. 2d DCA 1996)…apital sexual battery following the revocation of his community control. He correctly argues that the trial court erred in imposing a $300 public defender lien without advising him of his right to object to the amount of the lien. See Wynn v. State, 664 So. 2d 1127 (Fla. 2d DCA 1995). Therefore, the appellant may file a written objection to the amount assessed within thirty days of this court’s mandate. If an objection is filed with the trial court, the assessment shall be stricken and a new assessment may be…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)