ROBERT CURRELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse the award of a public defender fee for which there was neither notice nor oral pronouncement. Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995) (holding that a public defender’s lien is improperly imposed without notice and an opportunity to object); Trueblood v. State, 635 So. 2d 1024, 1025 (Fla. 1st DCA 1994) (“It is well-settled that the oral pronouncement of a sentence prevails over the written judgment and sentence form.”).
We also strike and thus reverse that portion of appellant’s sentence, to-wit: “any sentence received for violation of controlled release in 90-4107-CF,” which purports to require his sentence to be consecutive to an undetermined future sentence. Imposition of a sentence consecutive to an undetermined future sentence is error. Lyons v. State, 672 So. 2d 654 (Fla. 4th DCA 1996) (holding that a sentence cannot be imposed consecutive to an undetermined future sentence).
We affirm in all other respects.
MINER, WEBSTER and LAWRENCE, JJ., concur.
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Teayoir Scantling v. State, 711 So. 2d 524 (Fla. 1998)…icate that the present sentence is to be served consecutive to any sentence received for violation of control release. On appeal to the First District Court of Appeal, Scantling argued that the consecutive sentence is precluded by Currelly v. State, 678 So. 2d 453 (Fla. 1st DCA 1996), in which the First District affirmed the appellant’s conviction and sentence but struck the part of the sentence which referred to any sentence received for violation of control release, interpreting that phrase as purporting to…
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Teayoir Scantling v. State, 704 So. 2d 565 (Fla. 1st DCA 1997)…. The appellant contends that the sentence imposed for an offense which he committed while on control release may not be made consecutive to the sentence to be served in connection with the violation of control release. Although Currelly v. State, 678 So. 2d 453 (Fla. 1st DCA 1996), provides support for this contention, we recede from this aspect of Currelly. The present ease is thus being considered en banc by the court’s criminal division pursuant to Florida Rule of Appellate Procedure 9.331(b). The app…
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Wyon Dale Childers v. State, 936 So. 2d 619 (Fla. 1st DCA 2006)…and recede from two previous decisions because “[e]xamining the question anew, we find no statutory basis for our earlier conclusion”); Scantling v. State, 704 So. 2d 565, 565 (Fla. 1st DCA 1997) (“[W]e recede from this aspect of Currelly [v. State, 678 So. 2d 453 (Fla. 1st DCA 1996)].”), approved by 711 So. 2d 524 (Fla.1998); Sheley v. Fla. Parole Comm’n, 703 So. 2d 1202, 1206 (Fla. 1st DCA 1997) (“However, we recede from our decisions to the extent that they hold that an inmate can obtain a second appeal in…
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- Trueblood v. State, 635 So. 2d 1024 (Fla. 1st DCA 1994)
- Mallory Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995)
- Luke v. State, 672 So. 2d 654 (Fla. 4th DCA 1996)
- Lyons v. State, 672 So. 2d 654 (Fla. 4th DCA 1996)