See § 775.089(6), Florida Statutes (1991); Mallard v. State, 609 So.2d 178 (Fla. 5th DCA 1992); Denmark v. State, 588 So.2d 324 (Fla. 4th DCA 1991); Green v. State, 571 So.2d 571 (Fla. 3d DCA 1990); Singletary v. State, 530 So.2d 460 (Fla. 5th DCA 1988); Leyba v. State, 520 So.2d 705 (Fla. 5th DCA 1988). See also Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990). Appellee additionally failed to provide any evidence of the victim's damages at the hearing.
See Denmark v. State, 588 So.2d 324 (Fla. 4th DCA 1991); Green v. State, 571 So.2d 571 (Fla. 3d DCA 1990); Leyba v. State, 520 So.2d 705 (Fla. 5th DCA 1988). See also Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990). REVERSED and REMANDED for resentencing.
However, the order of restitution cannot be sustained because the record fails to show that either Brinson or his attorney was given notice and an opportunity to be heard on the restitution order. See Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990); Fitzpatrick v. State, 553 So.2d 396 (Fla. 5th DCA 1989); Singletary v. State, 530 So.2d 460 (Fla. 5th DCA 1988); In re D.J.P., 503 So.2d 986 (Fla. 5th DCA 1987). Although the order of restitution recites it was entered pursuant to a motion made by the state, the motion is not in the record.
PER CURIAM. 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.
PER CURIAM. The imposition of costs against this appellant is reversed for the reasons set forth in Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990). The sentence is otherwise affirmed.
COBB, Judge. The imposition of costs against this appellant is reversed for the reasons set forth in Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990). The judgment and sentence is otherwise affirmed.