Florida District Courts of Appeal, 1995

Barker v. State

Barker v. State
Florida District Courts of Appeal · Decided December 14, 1995 · Joanos, Mickle, Nortwick
664 So. 2d 340; 1995 Fla. App. LEXIS 12756; 1995 WL 737196 (Southern Reporter, Second Series)

Barker v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.