Koontz v. State

Full title: HENRY B. KOONTZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 17, 1996

666 So. 2d 173 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2604.

December 1, 1995. Rehearing Denied January 17, 1996.

3.850 Appeal from the Circuit Court for Volusia County; R. Michael Hutcheson, Judge.

Henry B. Koontz, Daytona Beach, pro se.

No Appearance for Appellee.

PER CURIAM.

AFFIRMED.

PETERSON, C.J., and ANTOON, J., concur.

SHARP, W., J., concurs in part; dissents in part, with opinion.

SHARP, W., Judge, dissenting in part and concurring in part.

I agree the trial court's summary denial of Koontz's motion filed pursuant to Florida Rule of Criminal Procedure 3.850 should be affirmed on all grounds, except for one. With regard to that ground, I would remand to the trial court for further proceedings, including the attachment of portions of the sentencing hearing which conclusively refute Koontz's argument that the trial court imposed restitution on him without notice or without an opportunity to object. See Durden v. State, 582 So.2d 1256 (Fla. 1st DCA 1991).