JAMES CALVIN WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Calvin Washington appeals his conviction for possession of cocaine and cannabis, challenging the sufficiency of an informant's tip for his detention and certain costs and conditions imposed at sentencing. The court affirmed his convictions but struck certain costs and modified probation conditions.
The court affirmed Washington's convictions, finding that the informant's tip was adequate to justify an investigatory stop. However, the court struck four costs imposed without statutory authority or proper procedure, and modified two probation conditions to require that employment be pursued 'insofar as may be possible' and to strike the requirement that Washington pay for substance testing.
[1] Contraband abandoned during flight from police is not subject to suppression.
[2] An informant's tip, if sufficiently detailed and corroborated, can justify an investigatory stop.
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Join FLexlaw to unlock all legal intelligence“the contraband was abandoned during Washington's flight from police and, thus, was not subject to suppression”
Establishes that even if the informant's tip were insufficient, the evidence would not be suppressed because it was voluntarily abandoned
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Join FLexlaw to unlock all legal intelligenceWashington was charged with and convicted of possession of cocaine and cannabis. During his encounter with police, contraband was abandoned during his…
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FRANK, Acting Chief Judge.
James Calvin Washington was charged with and convicted of possession of cocaine and cannabis. He appeals from his judgment and sentence urging two notions, i.e., that an unidentified informant’s tip was insufficient to justify his detention and that certain costs and conditions of probation imposed at sentencing were improper. For the reasons which follow, we find Washington’s first argument meritless and we affirm his convictions. The record indicates that the contraband was abandoned during Washington’s flight from police and, thus, was not subject to suppression. See California v. Hodari D., 499 U.S. 621, 629, 111 S.Ct. 1547, 1552, 113 L.Ed.2d 690, 699 (1991); State v. Wright, 662 So. 2d 975, 976 (Fla. 2d DCA 1995). Moreover, even if abandonment had not occurred, the quality of the informant’s tip in this case is equivalent to the tip found adequate in Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972), justifying an investigatory stop.
We are compelled, however, to strike certain costs imposed at sentencing: a $33 cost imposed without statutory authority, see Taylor v. State, 664 So. 2d 1113, 1114 (Fla. 2d DCA 1995); a cost of $2 imposed pursuant to section 943.25(13), Florida Statutes (1993), without oral pronouncement, see Taylor, 664 So. 2d at 1114; a lab fee of $100 to the Florida Department of Law Enforcement imposed without documentation or inquiry into Washington’s ability to pay, see § 939.01, Fla.Stat. (1993), Reyes v. State, 655 So. 2d 111, 118-19 (Fla. 2d DCA 1995); finally, a $300 public defender’s lien imposed without “notice of [Washington’s] right to a hearing to contest the amount of the lien” as required by Florida Rule of Criminal Procedure 3.720(d)(1), see Trice v. State, 655 So. 2d 1270, 1271 (Fla. 2d DCA 1995).
Washington’s challenge to several probationary conditions is resolved by State v. Hart, 668 So. 2d 589 (Fla.1996). In the light of Hart, we affirm the probationary conditions with the following exceptions. Condition six requiring Washington to “work faithfully at suitable employment” is modified to include the phrase “insofar as may be possible.” See § 948.03(l)(c), Fla.Stat. (1993); Godley v. State, 659 So. 2d 447 (Fla. 2d DCA 1995). Condition eight requiring Washington to submit to alcohol and controlled substance testing is modified to strike that portion which requires him to pay for such testing. See Nank v. State, 646 So. 2d 762, 764 (Fla. 2d DCA 1994).
Washington’s convictions are affirmed; certain costs stricken, and probation conditions six and eight modified.
FULMER and QUINCE, JJ., concur.
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Kirby v. State, 695 So. 2d 889 (Fla. 2d DCA 1997)…e amount at appellant’s sentencing hearing, it did not announce the statutory authority for its imposition and did not properly advise the appellant of his right to a hearing to contest this amount. Fla. R. Crim. P. 3.720(d)(1); Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996). We, accordingly, strike attorney’s fees and costs. Upon remand the state may seek reimposition of both items. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). Affirmed in part, reversed in part, and remanded for further pro…
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ELY v. State, 719 So. 2d 11 (Fla. 2d DCA 1998)…fender fee of $700 and reduced it to a lien. The court erred in failing to provide Mr. Ely with the required notice of his right to a hearing to contest the reasonableness and amount of the fee. Fla. R. Crim. P. 3.720(d)(1). See Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996); Cruz v. State, 696 So. 2d 1292 (Fla. 2d DCA 1997). We reverse and remand this issue without prejudice to reimpose the fee. See Gant v. State, 682 So. 2d 1137 (Fla. 2d DCA 1996); Peterson v. State, 706 So. 2d 930 [*13] (Fla. 2d DC…
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Gerald v. State, 699 So. 2d 304 (Fla. 2d DCA 1997)…ial court announced at the sentencing hearing that $1250 in attorney’s fees were to be assessed, it failed to [*305] advise the appellant of his right to a hearing to contest this amount as required. Fla. R.Crim. P. 3.720(d)(1); Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996). We, accordingly, remand this ease with instructions that appellant be given thirty days to file a written objection to the amount of the attorney’s fees. If he files an objection, the trial court must strike the attorney’s fees…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Adams v. Williams, 407 U.S. 143 (U.S. 1972)
- California v. Hodari D., 499 U.S. 621 (U.S. 1991)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- State v. Hart, 668 So. 2d 589 (Fla. 1996)
- Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994)
- Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995)
- State v. Wright, 662 So. 2d 975 (Fla. 2d DCA 1995)
- Godley v. State, 659 So. 2d 447 (Fla. 2d DCA 1995)
- R.S. v. State, 664 So. 2d 1113 (Fla. 2d DCA 1995)