Spangel v. State

District Court of Appeal of Florida

Spangel v. State

520 So. 2d 703, 13 Fla. L. Weekly 594, 1988 Fla. App. LEXIS 833, 1988 WL 16868

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 1988

DocketNo. 87-2321

StatusPublished

This text of 520 So. 2d 703 (Spangel 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

Spangel v. State, 520 So. 2d 703, 13 Fla. L. Weekly 594, 1988 Fla. App. LEXIS 833, 1988 WL 16868 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

We find that the charge of violation of condition three of appellant’s probation was withdrawn herein and remand for correction of the order revoking probation to [704]*704delete reference to that violation. Because the order on costs is ambiguous, as admitted by appellee, we also remand for rede-termination of costs. Additionally, because there was no opportunity to object to the restitution requirement, which was not mentioned at sentencing but imposed in the written judgment and sentence, the restitution imposition is set aside. Otherwise affirmed.

SCHEB, A.C.J., and HALL and THREADGILL, JJ., concur.

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PER CURIAM.

We find that the charge of violation of condition three of appellant’s probation was withdrawn herein and remand for correction of the order revoking probation to [704]*704delete reference to that violation. Because the order on costs is ambiguous, as admitted by appellee, we also remand for rede-termination of costs. Additionally, because there was no opportunity to object to the restitution requirement, which was not mentioned at sentencing but imposed in the written judgment and sentence, the restitution imposition is set aside. Otherwise affirmed.

SCHEB, A.C.J., and HALL and THREADGILL, JJ., concur.

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Bluebook (online)

520 So. 2d 703, 13 Fla. L. Weekly 594, 1988 Fla. App. LEXIS 833, 1988 WL 16868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spangel-v-state-fladistctapp-1988.