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Carroll v. State

District Court of Appeal of Florida, Fifth District
Aug 14, 1992
602 So. 2d 702 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-584.

August 14, 1992.

Appeal from the Circuit Court for Orange County; John H. Adams, Judge.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

No appearance for appellee.


Upon review of this Anders appeal, we have identified two minor sentencing errors. First, the public defender's fee and lien in the judgment are stricken and the matter remanded for the required notice and specific opportunity for the defendant to be heard before assessment. Pope v. State, 598 So.2d 309 (Fla. 2d DCA 1992); Rice v. State, 576 So.2d 434 (Fla. 2d DCA 1991); Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990). Second, there is a discrepancy between the oral pronouncement of restitution to the victim, Margaret Little, and the written order ($9.39 vs. $99.39), which requires clarification or correction.

SENTENCE VACATED; REMANDED.

W. SHARP, PETERSON and GRIFFIN, JJ., concur.


Summaries of

Carroll v. State

District Court of Appeal of Florida, Fifth District
Aug 14, 1992
602 So. 2d 702 (Fla. Dist. Ct. App. 1992)
Case details for

Carroll v. State

Case Details

Full title:THOMAS CARROLL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 14, 1992

Citations

602 So. 2d 702 (Fla. Dist. Ct. App. 1992)

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