MELISSA M. KOLSEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MELISSA M. KOLSEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
672 So. 2d 638
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The judgment and sentence are affirmed except that the public defender’s fee, which was imposed without notice of the opportunity to be heard on the amount, is stricken, without prejudice to reimpose it upon compliance with Florida Rule of Criminal Procedure 3.720(a)(1). See Allmond v. State, 668 So. 2d 1120 (Fla. 5th DCA 1996); Andrews v. State, 660 So. 2d 394 (Fla. 5th DCA 1995).
Judgment and sentence AFFIRMED; and fee stricken.
HARRIS, GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bebout v. State, 904 So. 2d 613 (Fla. 4th DCA 2005)…e time served on community control. Section 948.01(4), Florida Statutes (2004) provides for a two-year ceiling on a community control sentence. Appellant cites to cases such as McGehee v. State, 688 So. 2d 1008 (Fla. 1st DCA 1997), Cooper v. State, 672 So. 2d 638 (Fla. 5th DCA 1996), and Kocher v. State, 651 So. 2d 1288 (Fla. 3d DCA 1995), which apply section 948.01(4) to hold that even after a revocation of probation, a trial court may not sentence a defendant to more than two years of community control, ta…
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Dupree v. State, 708 So. 2d 968 (Fla. 1st DCA 1998)…re a defendant who was originally sentenced to two years community control violates that community control, upon resentencing a new sentence of two years is illegal.” Mills v. State, 623 So. 2d 840, 841 n. 3 (Fla. 5th DCA 1993); see Cooper v. State, 672 So. 2d 638 (Fla. 5th DCA 1996) (holding that defendant who was originally sentenced to 18 months of community control, and upon violation was resenteneed to 24 months of community control, could not upon further violation be resenteneed to additional 24 months…
Authorities Cited
- Allmond v. State, 668 So. 2d 1120 (Fla. 5th DCA 1996)
- Trumpole v. State, 660 So. 2d 394 (Fla. 5th DCA 1995)