Currelly v. State, 95-2371
Decision Date | 12 August 1996 |
Docket Number | No. 95-2371,95-2371 |
Citation | 678 So.2d 453 |
Parties | 21 Fla. L. Weekly D1823 Robert CURRELLY, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
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.
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) ( ); Trueblood v. State, 635 So.2d 1024, 1025 (Fla. 1st DCA 1994) ().
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) ( ).
We affirm in all other respects.
To continue reading
Request your trial-
Childers v. State
...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......
-
Childers v. State
...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......
-
Scantling v. State
...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, 96-1616
...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 So.2d 252......