Mounds v. State
| Decision Date | 29 June 1988 |
| Docket Number | No. 88-0016,88-0016 |
| Citation | 526 So.2d 1084,13 Fla. L. Weekly 1509 |
| Parties | 13 Fla. L. Weekly 1509 Ossie MOUNDS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Broward County; Arthur J. Franza, judge.
Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.
This is an appeal of a denial of a motion to set aside a guilty plea and sentence. We reverse and remand because the defendant's guilty plea was accepted in violation of rule 3.172, Florida Rules of Criminal Procedure. The record does not demonstrate that, at the time the trial court accepted the defendant's guilty plea, the court conducted a full colloquy with the defendant to determine whether there was a factual basis for the plea. Further, rule 3.172 requires the trial court to determine whether the guilty plea is voluntary and whether the defendant understands the consequences of his plea. For these reasons the colloquy was insufficient and the motion to set aside the guilty plea should have been granted.
Additionally the imposition of restitution without notice or a hearing was error, as was the imposition of costs. Imposition of costs against an indigent defendant has been held to be improper unless there is compliance with due process requirements. Jenkins v. State, 444 So.2d 947 (Fla.1984); Cox v. State, 334 So.2d 568 (Fla.1976).
Reversed and Remanded for further proceedings consistent herewith.
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Hamrick v. State, 94-0859
...of restitution without notice or a hearing is error. Dominique v. State, 590 So.2d 1059 (Fla. 4th DCA 1991); Mounds v. State, 526 So.2d 1084 (Fla. 4th DCA 1988). Although the trial court did not err in ordering appellant to pay restitution, it did so when it imposed a restitution amount in ......
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Cheatham v. State, 91-1087
...case in Dominique v. State, 590 So.2d 1059 (Fla. 4th DCA 1991); Oliverio v. State, 583 So.2d 412 (Fla. 4th DCA 1991); Mounds v. State, 526 So.2d 1084 (Fla. 4th DCA 1988); and Snell v. State, 502 So.2d 489 (Fla. 4th DCA), rev. dismissed, 509 So.2d 1119 (1987). In the instant case, the record......
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Dominique v. State, 90-2545
...as the court deems appropriate is upon the party designated by the court as justice requires. As this court held in Mounds v. State, 526 So.2d 1084 (Fla. 4th DCA 1988), "the imposition of restitution without notice or a hearing was error." In the present case this rule was not honored and t......
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A.B. v. State, 4D04-1716.
...or a hearing is reversible error." Burch v. State, 617 So.2d 846, 847 (Fla. 4th DCA 1993) (on rehearing); see also Mounds v. State, 526 So.2d 1084, 1085 (Fla. 4th DCA 1988). The State contends that this court cannot review the restitution issue because the May 12, 2004 transcript was not in......