JOHN MARTIN LA VALLATA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN MARTIN LA VALLATA, APPELLANT,
STATE OF FLORIDA, APPELLEE
936 So. 2d 789
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Robinson v. State, 373 So. 2d 898 (Fla.1979). However, we strike the “addendum final judgment for fines, fees, costs & additional charges,” which was entered on March 27, 2006, after the trial court lost jurisdiction due to the appellant’s timely filing of the notice of appeal, without prejudice to reimposing said judgment after jurisdiction returns to the trial court upon issuance of this court’s mandate.
STEVENSON, C.J., POLEN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
C.G.K. v. State, 150 So. 3d 1203 (Fla. 4th DCA 2014)…error, the trial court’s disposition indicates that “the child is adjudicated delinquent.” In criminal proceedings, where a trial court’s oral pronouncement is unambiguous, the oral pronouncement controls over the written order. See Briggs v. State, 936 So. 2d 789 (Fla. 4th DCA 2006). Affirmed and remanded for correction of written order. WARNER, MAY and CONNER, JJ., concur.…
-
Kee v. State, 385 So. 3d 139 (Fla. 4th DCA 2024)…osecution costs above the statutory minimum or orally announce a higher amount at sentencing, prosecution costs will be reduced to the mandatory minimum amount. Desrosiers v. State, 286 So. 3d 297, 300 (Fla. 4th DCA 2019); see also Briggs v. State, 936 So. 2d 789, 790 (Fla. 4th DCA 2006) (finding that the oral pronouncement controls over the written sentence). As the state did not provide the required justification for higher costs and the trial court did not orally pronounce the $200 amount, the order impo…
-
Morales v. State (Fla. 4th DCA 2020)…Brief, the defendant argues the $500,000 fine and surcharge imposed on count two are illegal and do not conform with the court’s oral pronouncement. The State agrees. First, the oral pronouncement of a $50,000 fine controls. See Briggs v. State, 936 So. 2d 789 (Fla. 4th DCA 2006). And second, the State agrees the $500,000 fine and $25,000 surcharge is illegal. We agree. We reverse and remand the case to the trial court for correction of the sentencing order and the Order Assessing Charges/Costs/Fees fo…
Authorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)