R.R.K., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
R.R.K., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
953 So. 2d 758
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
This case is on remand from the Florida Supreme Court for reconsideration in light of V.K.E. v. State, 934 So. 2d 1276 (Fla.2006). Regarding the imposition of statutory surcharges pursuant to sections 938.08 and 938.085, Florida Statutes, and in light of V.K.E., we strike those portions of the disposition orders that impose a $201 “domestic violence” surcharge and a $151 “rape crisis center” surcharge.
In all other respects, the disposition order is affirmed.
AFFIRMED, COSTS STRICKEN.
PLEUS, C.J., THOMPSON and SAWAYA, JJ., concur.
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Jabez Boaz v. State, 135 So. 3d 506 (Fla. 5th DCA 2014)…)). The parties dispute only whether Boaz’s letter alleged his trial counsel’s incompetence.2 Generally, a trial court does not need to conduct a Nelson hearing when a defendant expresses only general dissatisfaction with counsel. Clayton v. State, 953 So. 2d 758 (Fla. 5th DCA 2007) (citing Wil [*508] son, 889 So. 2d 114)). However, if a defendant expresses his counsel misadvised the defendant, which we have recognized as a valid reason to grant conflict-free counsel after a Nelson inquiry, the defendant’s e…
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West v. State, 82 So. 3d 987 (Fla. 1st DCA 2011)…a defendant to have a jury determine, beyond a reasonable doubt, the existence of predicate convictions necessary for imposing a habitual felony offender sentence,” citing Gordon v. State, 787 So. 2d 892, 894 (Fla. 4th DCA 2001)); Clayton v. State, 953 So. 2d 758, 759 (Fla. 5th DCA) (same), rev. denied, 966 So. 2d 965 (Fla.2007) (table); Grant v. State, 815 So. 2d 667, 668 n. 3 (Fla. 2d DCA 2002) (joining its “sister courts in recognizing that Apprendi ... is not implicated when sentencing a convicted defend…
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House v. State, 66 So. 3d 1022 (Fla. 5th DCA 2011)…h respect to the assertion that the trial court should have conducted a Nelson hearing we note that the appellant only expressed a general dissatisfaction with appointed counsel and that a Nelson inquiry was unnecessary. See, e.g., Clayton v. State, 953 So. 2d 758 (Fla. 5th DCA), review denied, 966 So. 2d 965 (Fla.2007). AFFIRMED. ORFINGER, C.J., MONACO and JACOBUS, JJ., concur.…
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- V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006)