ARTHUR PHELPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CASANUEVA, Judge.
In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we find no error in the court’s decision to violate the defendant’s probation and to sentence him for kidnapping to a term of twenty-five years plus credit for time served. We do find, however, .an irregularity in the imposition of the public defender lien. Athough the court informed the defendant that he was imposing a $500 public defender lien, which he had the right to challenge, the written judgment does not reflect the statutory authority for the lien. See Williams v. State, 661 So. 2d 1243 (Fla. 2d DCA 1995); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). The judgment must be corrected to recite the appropriate statute. In addition, an unauthorized “$100 attorney cost” must be stricken. See Reyes; Boughman v. State, 701 So. 2d 639 (Fla. 2d DCA 1997).
Remanded for correction of the judgment.
FRANK, A.C.J., and THREADGILL, J., concur.
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Deneace M. Joshua v. City OF Gainesville, 768 So. 2d 432 (Fla. 2000)…ture was fully aware of the confusion engendered by the prevailing statutory law and judicial decisions regarding discrimination claims in existence at the time it created the Florida Civil Rights Act in 1992. See Schwartz v. Geico General Ins. Co., 712 So. 2d 773, 774 (Fla. 4th DCA 1998) (“[T]he legislature is ‘presumed to know the existing law when it enacts a statute.’ ”) (quoting Williams v. Jones, 326 So. 2d 425, 437 (Fla.1975)); Wood v. Fraser, 677 So. 2d 15 (Fla. 2d DCA 1996) (noting “Florida’s well-se…
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City OF Hollywood v. Lombardi, 770 So. 2d 1196 (Fla. 2000)…e lien- or’s recovery. However, “the legislature is presumed to know the judicial constructions of a law when enacting a new version of that law.” Brannon v. Tampa Tribune, 711 So. 2d 97, 100 (Fla. 1st DCA 1998); see Schwartz v. Geico Gen. Ins. Co., 712 So. 2d 773, 775 (Fla. 4th DCA 1998). “Furthermore, the legislature is presumed to have adopted prior judicial constructions of a law unless a contrary intention is expressed in the new version.” Brannon, 711 So. 2d at 100. Accordingly, we find nothing in the 1…
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City OF Ormond Beach v. City OF Daytona Beach, 794 So. 2d 660 (Fla. 5th DCA 2001)…med to know, and to have adopted, existing judicial constructions at the time it enacts legislation, unless a contrary intent is expressed in the statute. See Joshua v. City of Gainesville, 768 So. 2d 432 (Fla.2000); Schwartz v. Geico Gen. Ins. Co., 712 So. 2d 773, 774 (Fla. 4th DCA 1998); Brannon v. Tampa Tribune, 711 So. 2d 97 (Fla. 1st DCA 1998). A court has no authority, absent illegality or fraud, to enjoin a legislative act such as the power to annex. City of Miami Beach v. Kaiser, 213 So. 2d 449 (Fla.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- BET Plant Servs., Inc. v. Chester, 661 So. 2d 1243 (Fla. 2d DCA 1995)
- Williams v. State, 661 So. 2d 1243 (Fla. 2d DCA 1995)
- Boughman v. State, 701 So. 2d 639 (Fla. 2d DCA 1997)
- Smith v. Singletary, 701 So. 2d 639 (Fla. 2d DCA 1997)