Nguyen v. State, s. 94-694
| Citation | 655 So.2d 1249 |
| Decision Date | 31 May 1995 |
| Docket Number | 94-1754,Nos. 94-694,s. 94-694 |
| Parties | 20 Fla. L. Weekly D1311 Sang Van NGUYEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Nancy A. Daniels, Public Defender; Fred Parker Bingham, II, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.
In these two direct criminal appeals, which we consolidate, appellant raises four issues: (1) whether, in circuit court case number 93-873, the trial court erred when it denied his motion for a judgment of acquittal on the charge of principal to burglary of a dwelling; (2) whether the order revoking his probation in circuit court case number 92-2525 must be corrected to reflect that he was found to have violated his probation, rather than that he "pled nolo contendere," and expressly to set forth the conditions of probation found to have been violated, as reflected in the hearing transcript; (3) whether the charges, costs and fees imposed in circuit court case number 92-2525 were improperly assessed on a per count, rather than on a per case, basis, and included costs for which no statutory authority was cited; and (4) whether, in circuit court case number 93-873, after a notice of appeal had been filed, the trial court had jurisdiction to conduct a restitution hearing and to enter an order regarding restitution.
We conclude that there was ample evidence to support the jury's verdict on the charge of principal to burglary of a dwelling in circuit court case number 93-873. Accordingly, we affirm appellant's conviction without further discussion.
We also affirm the order revoking appellant's probation, and again placing him on probation, in circuit court case number 92-2525. However, on remand, we direct the trial court to enter an amended order reflecting that appellant was found to have violated the terms of his probation, rather than that he "pled nolo contendere," and expressly setting forth the condition or conditions found to have been violated, as reflected by the transcript of the hearing. We reverse the orders in that case imposing charges, costs and fees on a per count basis. On remand, the trial court is directed to impose the charges, costs and fees on a per case basis. Rocker v. State, 640 So.2d 163 (Fla. 5th DCA 1994). Also on remand, the trial court shall cite the statutory authority relied on as support for any award...
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McNeil v. State
...1995) (“[C]osts must be imposed on a per-case basis.”); Renaud v. State, 660 So.2d 408, 408 (Fla. 1st DCA 1995) ; Nguyen v. State, 655 So.2d 1249, 1249 (Fla. 1st DCA 1995).I see nothing in the three costs statutes that would prevent the instant case from taking its place in the line of case......
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McNeil v. State
...v. State , 661 So.2d 378, 378 (Fla. 1st DCA 1995) ; Renaud v. State , 660 So.2d 408, 408 (Fla. 1st DCA 1995) ; Nguyen v. State , 655 So.2d 1249, 1249 (Fla. 1st DCA 1995) ...
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Woods v. State, 5D02-2965.
...reserved jurisdiction to hold a restitution hearing.") (citing Pearson v. State, 686 So.2d 721 (Fla. 2d DCA 1997); Nguyen v. State, 655 So.2d 1249 (Fla. 1st DCA 1995)); see also Torres v. State, 812 So.2d 610 (Fla. 1st DCA 2002). Hence, the order awarding fees and requiring that they be pai......
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S.Q. v. Department of Health and Rehabilitative Services, 94-4100
...because it was filed after the notice of appeal was filed, and challenged the ruling under attack in the appeal. See Nguyen v. State, 655 So.2d 1249 (Fla. 1st DCA 1995). We decline to address the matter for the first time on appeal.2 S.Q. and his older half-sister were placed in the custody......