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Whiddon v. State

District Court of Appeal of Florida, First District
Dec 14, 1995
664 So. 2d 340 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-29.

December 14, 1995.

Appeal from the Circuit Court, Santa Rosa County, Kenneth B. Bell, J.

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for appellee.


In accordance with Lund v. State, 658 So.2d 679 (Fla. 1st DCA 1995), we strike the civil restitution lien order entered in this case, based on its noncompliance with the requirements of section 960.292(3), Florida Statutes (Supp. 1994). As was the case in Lund, the lien at issue here is invalid in that it does not identify the person or entity in whose favor it is imposed. In view of this disposition, we decline to reach the other issues presented by appellant regarding the interpretation of the statute and its constitutionality.

Accordingly, the lien is stricken and this cause is remanded for further proceedings consistent with Lund. In all other respects, the judgment and sentence of the trial court is affirmed.

JOANOS, MICKLE and VAN NORTWICK, JJ., concur.


Summaries of

Whiddon v. State

District Court of Appeal of Florida, First District
Dec 14, 1995
664 So. 2d 340 (Fla. Dist. Ct. App. 1995)
Case details for

Whiddon v. State

Case Details

Full title:JUANITA NIDIA WHIDDON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 14, 1995

Citations

664 So. 2d 340 (Fla. Dist. Ct. App. 1995)