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Williams v. State

District Court of Appeal of Florida, Third District
Jun 11, 1991
580 So. 2d 345 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1617.

June 11, 1991.

An Appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Monroe County; Richard G. Payne, Judge.

Sam Williams, in pro. per.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before BASKIN, COPE and GODERICH, JJ.


Sam Williams, defendant below, appeals his conviction and sentence for attempted second degree murder. Upon the State's confession of error, the restitution order is reversed on the ground that the defendant did not have notice and an opportunity to be heard with respect thereto. This ruling is without prejudice to entry of a restitution order upon notice and an opportunity to be heard.

While defendant also asserts error with respect to entry of a cost order, the judgment in the present record does not award costs. That issue is, at present, moot.

We have carefully considered the other points raised by defendant and conclude that no reversible error has been shown.

On the merits of the conviction and sentence, this was a proceeding under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which the Public Defender submitted a memorandum and defendant also submitted a brief.

Affirmed in part, reversed in part, and remanded.


Summaries of

Williams v. State

District Court of Appeal of Florida, Third District
Jun 11, 1991
580 So. 2d 345 (Fla. Dist. Ct. App. 1991)
Case details for

Williams v. State

Case Details

Full title:SAM WILLIAMS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 11, 1991

Citations

580 So. 2d 345 (Fla. Dist. Ct. App. 1991)

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