Currelly v. State, No. 95-2371

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation678 So.2d 453
Parties21 Fla. L. Weekly D1823 Robert CURRELLY, Appellant, v. STATE of Florida, Appellee.
Decision Date12 August 1996
Docket NumberNo. 95-2371

Page 453

678 So.2d 453
21 Fla. L. Weekly D1823
Robert CURRELLY, Appellant,
v.
STATE of Florida, Appellee.
No. 95-2371.
District Court of Appeal of Florida,
First District.
Aug. 12, 1996.

Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

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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6 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...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) ("Howev......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...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) ("Howeve......
  • Scantling v. State, No. 90968
    • United States
    • United States State Supreme Court of Florida
    • May 21, 1998
    ...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 referr......
  • Frazier v. State, No. 96-1616
    • United States
    • Court of Appeal of Florida (US)
    • May 22, 1997
    ...prejudice to its reimposition if warranted, after Frazier has been given proper notice and an opportunity to be heard. Currelly v. State, 678 So.2d 453, (Fla. 1st DCA 1996)(reversing award of public defender's lien where there was neither notice nor oral pronouncement); Wright v. State, 654......
  • Request a trial to view additional results
6 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...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) ("Howev......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...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) ("Howeve......
  • Scantling v. State, No. 90968
    • United States
    • United States State Supreme Court of Florida
    • May 21, 1998
    ...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 referr......
  • Frazier v. State, No. 96-1616
    • United States
    • Court of Appeal of Florida (US)
    • May 22, 1997
    ...prejudice to its reimposition if warranted, after Frazier has been given proper notice and an opportunity to be heard. Currelly v. State, 678 So.2d 453, (Fla. 1st DCA 1996)(reversing award of public defender's lien where there was neither notice nor oral pronouncement); Wright v. State, 654......
  • Request a trial to view additional results

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