Wrenn v. State

District Court of Appeal of Florida

Wrenn v. State

658 So. 2d 615, 1995 Fla. App. LEXIS 7728, 1995 WL 421315

CourtDistrict Court of Appeal of Florida

DecidedJuly 19, 1995

DocketNo. 94-00581

StatusPublished

Cited by1 cases

This text of 658 So. 2d 615 (Wrenn 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

Wrenn v. State, 658 So. 2d 615, 1995 Fla. App. LEXIS 7728, 1995 WL 421315 (Fla. Ct. App. 1995).

Pincite

Opinion

QUINCE, Judge.

David Wrenn appeals the judgment and sentence entered upon his conviction for felony criminal mischief. He argues the trial court erred in failing to find a discovery violation and in assessing various costs items. Because we find no violation of Richardson v. State, 246 So.2d 771 (Fla.1971), we affirm the conviction, but strike the imposition of $103.00 for the court improvement fund, and remand to the trial court for a hearing on the costs of prosecution and restitution.

In Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995), this court held there is no legal authority for assessment of costs payable to the Hillsborough Court Improvement Fund. Therefore, that cost item is stricken. We also held in Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994), that the state must establish the amount of the costs of prosecution prior to imposition by the court. Because no hearing was held on this issue, we must remand to the trial court for the proper determination. Finally, on remand the trial court should again address the issue of restitution. It is clear from the record that appellant asked for a hearing on restitution, and the trial court denied the request. Despite the denial, the court ordered restitution in the amount of $250.00. A hearing should have been conducted. Bell v. State, 652 So.2d 1192 (Fla. 4th DCA 1995).

[616]*616We affirm the judgment, strike the court improvement fund costs, and remand for a hearing to determine the costs of prosecution and restitution.

FRANK, A.C.J., and ALTENBERND, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

QUINCE, Judge.

David Wrenn appeals the judgment and sentence entered upon his conviction for felony criminal mischief. He argues the trial court erred in failing to find a discovery violation and in assessing various costs items. Because we find no violation of Richardson v. State, 246 So.2d 771 (Fla.1971), we affirm the conviction, but strike the imposition of $103.00 for the court improvement fund, and remand to the trial court for a hearing on the costs of prosecution and restitution.

In Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995), this court held there is no legal authority for assessment of costs payable to the Hillsborough Court Improvement Fund. Therefore, that cost item is stricken. We also held in Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994), that the state must establish the amount of the costs of prosecution prior to imposition by the court. Because no hearing was held on this issue, we must remand to the trial court for the proper determination. Finally, on remand the trial court should again address the issue of restitution. It is clear from the record that appellant asked for a hearing on restitution, and the trial court denied the request. Despite the denial, the court ordered restitution in the amount of $250.00. A hearing should have been conducted. Bell v. State, 652 So.2d 1192 (Fla. 4th DCA 1995).

[616]*616We affirm the judgment, strike the court improvement fund costs, and remand for a hearing to determine the costs of prosecution and restitution.

FRANK, A.C.J., and ALTENBERND, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

658 So. 2d 615, 1995 Fla. App. LEXIS 7728, 1995 WL 421315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wrenn-v-state-fladistctapp-1995.

Opinion

Related

Cite This Page — Counsel Stack