Barker v. State

District Court of Appeal of Florida

Barker v. State

664 So. 2d 340, 1995 Fla. App. LEXIS 12756, 1995 WL 737196

CourtDistrict Court of Appeal of Florida

DecidedDecember 14, 1995

DocketNo. 95-28

StatusPublished

This text of 664 So. 2d 340 (Barker v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barker v. State, 664 So. 2d 340, 1995 Fla. App. LEXIS 12756, 1995 WL 737196 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

In accordance with Lund v. State, 658 So.2d 679 (Fla. 1st DCA 1995), we strike the civil restitution lien order entered in this ease, based on its noncompliance with the requirements of section 960.292(8), 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.

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PER CURIAM.

In accordance with Lund v. State, 658 So.2d 679 (Fla. 1st DCA 1995), we strike the civil restitution lien order entered in this ease, based on its noncompliance with the requirements of section 960.292(8), 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.

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Bluebook (online)

664 So. 2d 340, 1995 Fla. App. LEXIS 12756, 1995 WL 737196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barker-v-state-fladistctapp-1995.

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