Snyder v. State
| Decision Date | 17 April 1992 |
| Docket Number | No. 91-01018,91-01018 |
| Citation | 597 So.2d 384 |
| Parties | David Allen SNYDER, Appellant, v. STATE of Florida, Appellee. 597 So.2d 384, 17 Fla. L. Week. D995 |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and David Alan Snyder, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.
David Snyder, a juvenile who was sentenced as an adult, appeals his judgment and sentence for grand theft. We affirm the conviction but remand to the trial court to delete one adjudication and to conduct a restitution hearing.
Snyder pleaded no contest to grand theft. Pursuant to a negotiated plea agreement, the trial court adjudicated him guilty of grand theft, withheld the imposition of sentence and placed Snyder on probation for a period of five years. That evening Snyder violated his probation. Following a violation of probation hearing, the trial court revoked Snyder's probation, again adjudicated him guilty of grand theft, and sentenced him to three and one-half years' incarceration.
Snyder argues that the initial sentence of five years' probation is illegal because the trial court did not make the required written findings under chapter 39, Florida Statutes (1989), to sentence him as an adult. However, this court, in Davis v. State, 528 So.2d 521, 522 (Fla. 2d DCA), review denied, 536 So.2d 243 (Fla.1988), held that "the need for such written reasons has been obviated" when the adjudication is entered pursuant to a plea agreement. Moreover, Snyder's attorney expressly waived the required findings under chapter 39. Thus, we conclude that Snyder's sentence is not illegal.
The state concedes that the trial court erred in adjudicating Snyder guilty twice for the same offense. On remand, the trial court is to vacate the second adjudication. See Phillips v. State, 582 So.2d 181 (Fla. 4th DCA 1991).
As to restitution, the original judgment states, "FINE OF $5.25. RESTITUTION ORDERED WITHIN 2 YEARS." As a special condition of probation, the probation order stated that Snyder would, by February 7, 1993, pay restitution to the victim "[i]n an amount to be determined at a restitution hearing and set forth in a modification order." Our record does not reflect that the trial court has established the amount of the restitution. Although the record indicates that the trial court intended Snyder's probation officer to establish the amount of restitution, the amount of restitution must be determined by ...
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Snyder v. State
...1991 conviction and treatment as an adult, and remanded his case for correction of certain sentencing problems. Snyder v. State, 597 So.2d 384 (Fla. 2d DCA 1992). In Wheeler, this court held that a person could not be charged as a felon in possession of a firearm while the predicate felony ......
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State v. Snyder
...treatment as an adult for the grand theft conviction, but remanded the case to correct other sentencing problems. Snyder v. State, 597 So.2d 384 (Fla. 2d DCA 1992). The State filed an information charging Snyder with possession of a firearm by a convicted felon pursuant to section 790.23. A......
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Helton v. State, 92-02560
...it cannot delegate this responsibility to a nonjudicial officer. See Bryant v. State, 600 So.2d 547 (Fla.2d DCA 1992); Snyder v. State, 597 So.2d 384 (Fla.2d DCA 1992). Accordingly, we remand to the trial court to determine the amount of PARKER, A.C.J., BLUE, J., and LUTEN, CLAIRE K., Assoc......
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Barron v. State, 90-00625
...was delegated to the Department of Corrections. We have recently decided this issue contrary to the state's position. Snyder v. State, 597 So.2d 384 (Fla. 2d DCA 1992). Based on Snyder, we remand to the trial court to establish the amount of RYDER, A.C.J., and LEHAN, J., concur. ...