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White v. State

District Court of Appeal of Florida, Fifth District
Jun 30, 1995
657 So. 2d 1223 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2231.

June 30, 1995.

Appeal from the Circuit Court, St. Johns County, Richard G. Weinberg, J.

James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Hall, Asst. Atty. Gen., Daytona Beach, for appellee.


We find no error in appellant's convictions and sentences for the crimes of attempted first-degree murder, armed kidnapping, attempted sexual battery and conspiracy to commit first-degree murder and/or sexual battery and/or kidnapping, save in two respects. First, the minimum mandatory sentence imposed for conspiracy to commit first-degree murder, sexual battery and kidnapping pursuant to section 775.087(2)(a)1, Florida Statutes (1993) is vacated because it is not authorized by the statute. Kennedy v. State, 564 So.2d 1127, 1129-30 (Fla. 1st DCA 1990). Second, the basis for the restitution award is a mystery. We cannot determine that the issue of restitution was ever heard, whether it was heard but no oral pronouncement made, or what evidence supports the amounts imposed. Accordingly, the restitution is vacated and remanded to the lower court for reimposition, if appropriate, upon proper notice, hearing and pronouncement. Finally, the state concedes the public defender's lien must be stricken and remanded for compliance with Florida Rule of Criminal Procedure 3.720(d)(1). Burke v. State, 642 So.2d 677 (Fla. 5th DCA 1994).

AFFIRMED in part; REVERSED in part; and REMANDED.

HARRIS, C.J., and COBB and GRIFFIN, JJ., concur.


Summaries of

White v. State

District Court of Appeal of Florida, Fifth District
Jun 30, 1995
657 So. 2d 1223 (Fla. Dist. Ct. App. 1995)
Case details for

White v. State

Case Details

Full title:STEVEN D. WHITE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 30, 1995

Citations

657 So. 2d 1223 (Fla. Dist. Ct. App. 1995)

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