Currelly v. State

Florida District Courts of Appeal
Currelly v. State, 678 So. 2d 453 (1996)
1996 WL 449777
Per Curiam

Currelly v. State

Opinion

678 So.2d 453 (1996)

Robert CURRELLY, Appellant,
v.
STATE of Florida, Appellee.

No. 95-2371.

District Court of Appeal of Florida, First District.

August 12, 1996.

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.

Reference

Cited By
6 cases
Status
Published