Currelly v. State
This text of 678 So. 2d 453 (Currelly 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.
Opinion
Robert CURRELLY, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
We reverse the award of a public defender fee for which there was neither notice nor oral pronouncement. Wright v. State, 654 So.2d 252 (Fla. 1st DCA 1995) (holding that a public defender's lien is improperly imposed without notice and an opportunity to object); Trueblood v. State, 635 So.2d 1024, 1025 (Fla. 1st DCA 1994) ("It is well-settled that the oral pronouncement of a sentence prevails over the written judgment and sentence form.").
We also strike and thus reverse that portion of appellant's sentence, to-wit: "any sentence received for violation of controlled release in 90-4107-CF," which purports to require his sentence to be consecutive to an undetermined future sentence. Imposition of a sentence consecutive to an undetermined future sentence is error. Lyons v. State, 672 So.2d 654 (Fla. 4th DCA 1996) (holding that a sentence cannot be imposed consecutive to an undetermined future sentence).
We affirm in all other respects.
MINER, WEBSTER and LAWRENCE, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
678 So. 2d 453, 1996 WL 449777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/currelly-v-state-fladistctapp-1996.