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Currelly v. State

District Court of Appeal of Florida, First District
Aug 12, 1996
678 So. 2d 453 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2371.

August 12, 1996.

Appeal from the Circuit Court, Duval County, R. Hudson Olliff, J.

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.


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.


Summaries of

Currelly v. State

District Court of Appeal of Florida, First District
Aug 12, 1996
678 So. 2d 453 (Fla. Dist. Ct. App. 1996)
Case details for

Currelly v. State

Case Details

Full title:ROBERT CURRELLY, APPELLANT v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 12, 1996

Citations

678 So. 2d 453 (Fla. Dist. Ct. App. 1996)

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