ALAN A. FRIEND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Public Defender Fees cases and more on FLexlaw
PER CURIAM.
We affirm appellant’s conviction for second degree grand theft and the sentence except for restitution. The evidence adduced by the state will support restitution of only the sum of $61,973, the amount of the check received by appellant in the scheme for which he stands convicted.
We follow the reasoning of Fitts v. State, 649 So. 2d 300 (Fla. 2d DCA 1995), and strike the probationary condition of not using intoxicants to excess because the condition was not pronounced at sentencing. We also strike the imposition of public defender and county commission fees because, apart from the failure to consider the defendant’s ability to pay, there was no documentation of the fees as required by section 939.01, Florida Statute (1993). Lee v. State, 643 So. 2d 1187 (Fla. 4th DCA 1994).
CONVICTION AND SENTENCE AFFIRMED; RESTITUTION AND COSTS REVERSED.
GUNTHER, C.J., FARMER and KLEIN, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Leander v. State, 58 So. 3d 368 (Fla. 4th DCA 2011)…sider the motion for clarification as a motion to correct an illegal sentence, to the extent that he is arguing that there was no factual basis for his guilty plea, rule 3.800(a) motions are not used to resolve factual disputes. See Krawic v. State, 666 So. 2d 599 (Fla. 4th DCA 1996). GROSS, C.J., WARNER and TAYLOR, JJ., concur.…
Authorities Cited
- Fitts v. State, 649 So. 2d 300 (Fla. 2d DCA 1995)
- LEE v. State, 643 So. 2d 1187 (Fla. 4th DCA 1994)