CARL F. SABA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Because the defendant’s “Supplemental Arguments in Support of Motion for Post Conviction Relief’ are unsworn, we affirm the trial court’s denial of defendant’s 3.850 motion without prejudice. See Green v. State, 635 So. 2d 159 (Fla. 5th DCA 1994) (3.850 motion requires proper oath); Vereen v. State, 637 So. 2d 386 (Fla. 5th DCA 1994); Jones v. State, 637 So. 2d 999 (Fla. 1st DCA 1994). We note however that if a copy of the colloquy had been attached to the order of denial we would have simply affirmed. See Montgomery v. State, 615 So. 2d 226, 227 (Fla. 5th DCA 1993) (ineffective assistance/involuntary plea claim can be refuted by written plea agreement or transcripts); Knowles v. State, 582 So. 2d 167 (Fla. 1st DCA 1991); Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986).
AFFIRMED WITHOUT PREJUDICE.
DAUKSCH, GOSHORN and THOMPSON, JJ., concur.
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Warren v. State, 701 So. 2d 404 (Fla. 1st DCA 1997)…he amount of the lien. This was not done below; thus, the order was defective in that regard, and we are obliged to reverse. A public defender lien may be reimposed if appellant is given notice and an opportunity to contest the amount. Lee v. State, 677 So. 2d 41, 43 (Fla. App. 1st DCA 1996). For the foregoing reasons, we reverse and remand to the trial court for the sole purpose of conducting a hearing as required by Fla. R.Crim.P. 3.720. In all other respects, appellant’s convictions and sentences are aff…
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Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001)….1996); Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995). On remand, the trial court may reimpose these costs after complying with the “procedural safeguards” set forth in Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). See id.; Lee v. State, 677 So. 2d 41, 43 (Fla. 1st DCA 1996). Where, as here, the State did not provide any evidence of the amount of a victim’s loss, imposition of restitution deprived Appellant of an opportunity to be heard as to the amount assessed. See Rhoden v. State, 622 So. 2d…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Montgomery v. State, 615 So. 2d 226 (Fla. 5th DCA 1993)
- Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986)
- Jones v. State, 637 So. 2d 999 (Fla. 1st DCA 1994)
- Knowles v. State, 582 So. 2d 167 (Fla. 1st DCA 1991)
- City OF Melbourne v. Puma, 635 So. 2d 159 (Fla. 5th DCA 1994)
- W. Waste Indus., Inc. v. Catalog Publ'g Grp., Inc., 637 So. 2d 386 (Fla. 5th DCA 1994)