LACRETIA ANNE HOLLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-12-27
No. 95-00758
RYDER, A.C.J., and CAMPBELL and ALTENBERND, JJ., concur.
666 So. 2d 222 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 12 cases


Opinion of the Court
PER CURIAM.

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 separate restitution order, and the record contains no enforceable restitution lien in favor of any specific crime victim. See Snyder, 664 So. 2d at 1074; Lund v. State, 658 So. 2d 679, 680 (Fla. 1st DCA 1995).

We strike the $33 “cost/fine” and the $2 discretionary cost for the reasons explained in Snyder. However, we affirm Holley’s $300 public defender fee, imposed pursuant to section 27.56, Florida Statutes (1993), because she agreed to pay this fee as part of her plea agreement.

Affirmed in part, reversed in part.

RYDER, A.C.J., and CAMPBELL and ALTENBERND, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Stepps v. State, 675 So. 2d 1008 (Fla. 1st DCA 1996)
    …la. R.Crim. P. 3.702(a); § 921.001(4)(b)2, Fla. Stat. (Supp.1994). The use of this scoresheet altered the applicable guidelines range for a nondeparture sentence, and requires resentencing with a proper guidelines scoresheet. E.g., Gregory v. State, 666 So. 2d 222 (Fla. 2d DCA 1995); Johnson v. State, 583 So. 2d 386 (Fla. 1st DCA 1991). The sentence is therefore vacated, and the case is remanded. MINER, ALLEN and MICKLE, JJ., concur.…
  • KEY v. State, 837 So. 2d 535 (Fla. 2d DCA 2003)
    …ial court abused its discretion in finding Key responsible for severe victim injury.1 The trial court’s assessment of victim injury points is reviewed for an abuse of discretion. Ely v. State, 719 So .2d 11, 13 (Fla. 2d DCA 1998); Gregory v. State, 666 So. 2d 222, 223 (Fla. 2d DCA 1995). Severe victim injury merits forty points, moderate victim injury merits eighteen points, and slight victim injury merits four points. Fla. R.Crim. P. 3.991(a) (1997). Victim injury points may not be assessed for a crime of w…
  • Coradi v. State, 670 So. 2d 1112 (Fla. 2d DCA 1996)
    …lea 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.…

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