LARRY ANTWAN HODGES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed cocaine possession conviction based on sufficient constructive possession evidence, but struck the public defender's lien and remanded for correction of a scrivener's error in the sentencing order.
The state established sufficient factual basis for constructive possession of cocaine through arresting officer testimony, no written sentencing guidelines departure findings were required under a valid plea agreement, and the public defender's lien must be stricken pending proper notice of hearing rights.
[1] A public defender's lien imposed under section 27.56, Florida Statutes, must be stricken if the defendant was not informed of the right to a hearing to contest the amount…
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Join FLexlaw to unlock all legal intelligenceHodges pleaded no contest to cocaine possession while on community control status and was sentenced to three and one-half years in prison with a $50 p…
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FRANK, Acting Chief Judge.
Larry Antwan Hodges pleaded no contest to possession of cocaine. His plea constituted a violation of his preexisting community control status and he was sentenced to three and one-half years in prison and assessed a $50 public defender’s lien. Hodges argues that the state failed to establish his constructive possession of cocaine and that his sentence departs from the guidelines without the required written findings. Our review of the record indicates that a sufficient factual basis was supplied through the testimony of the arresting officer. See Allen v. State, 622 So. 2d 526, 528 (Fla. 2d DCA 1993) (describing elements of constructive possession). Furthermore, no written findings are necessary where a departure sentence is imposed pursuant to a valid plea agreement. State v. Williams, 667 So. 2d 191, 193-94 (Fla.1996).
Hodges has also challenged the assessment of a $50 public defender’s lien imposed pursuant to section 27.56, Florida Statutes (1993). We agree that the lien must be stricken but, upon remand, it may be reimposed after informing Hodges of his right to a hearing to contest the amount of the lien. Fla.R.Crim.P. 3.720(d)(1); Drinnon v. State, 598 So. 2d 229, 230 (Fla. 2d DCA 1992). Moreover, both parties concede that the written sentence contains a scrivener’s error — • the sentence reflects an incorrect ease number. On remand, Hodges’ sentence should be corrected so that it is concurrent with case number 92-10964, in conformity with the oral pronouncement.
Accordingly, we affirm the convictions and remand for further proceedings consistent with this opinion.
FULMER and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carlton v. Zanazzi, 266 So. 3d 243 (Fla. 2d DCA 2019)…incorrect case number used on an amended complaint and in a circuit court order as a scrivener's error that should not have resulted in a dismissal merely because amended complaint was not filed in correct case number); see also Hodges v. State, 674 So. 2d 869, 870 (Fla. 2d DCA 1996) (referring to incorrect case number on judgment and sentence as a scrivener's error). The former wife's new petition clearly sought to invoke the circuit court's jurisdiction to dissolve the parties' marriage, and the new…
Authorities Cited
- State v. Williams, 667 So. 2d 191 (Fla. 1996)
- Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992)
- Allen v. State, 622 So. 2d 526 (Fla. 2d DCA 1993)