time of the sentencing hearing in Florida

2016In DeLuise , the trial court offered to mitigate the prison sentence of a codefendant of Noel’s, Ralph McNamara also known as Ralph DeLuise, if the defendant came up with at least $100,000 within sixty days. 72 So.3d at 250 .

2016In DeLuise, the trial court offered to mitigate the prison sentence of a codefendant of Noel’s, Ralph McNamara also known as Ralph DeLuise, if the defendant came up with at least $100,000 within sixty days. 72 So. 3d at 250 .

2016In Nezi, the Fifth District held that the trial court violated the defendant’s equal protection rights "by imposing a harsher sentence after making it clear that if Nezi, at the time of the sentencing hearing, had the financial means to pay a large part of the agreed-upon restitution, it would have imposed lesser sanctions." Nezi, 119 So.3d at 522 , .

2016In Nezi, the Fifth District held that the trial court violated the defendant’s equal protection rights “by imposing a harsher sentence after making it clear that if Nezi, at the time of the sentencing hearing, had the financial means to pay a large part of the agreed-upon restitution, it would have imposed lesser sanctions.” Nezi, 119 So. 3d at 522 . 5.

2004Six days later, the trial court denied appellant’s Motion to Withdraw Plea in an order stating that the trial court had “examin[ed] a psychological evaluation ... and considered] the arguments of counsel.” “Due process requires a court accepting a guilty plea to carefully inquire into the defendant’s understanding of the plea, so that the record contains an affirmative showing that the plea was intelligent and voluntary.” Koenig v. State, 597 So.2d at 258 (citing Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)); see also Fla. R.Crim.

2004Six days later, the trial court denied appellant’s Motion to Withdraw Plea in an order stating that the trial court had “examin[ed] a psychological evaluation ... and considered] the arguments of counsel.” “Due process requires a court accepting a guilty plea to carefully inquire into the defendant’s understanding of the plea, so that the record contains an affirmative showing that the plea was intelligent and voluntary.” Koenig v. State, 597 So.2d at 258 (citing Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)); see also Fla. R.Crim.

2004Six days later, the trial court denied appellant’s Motion to Withdraw Plea in an order stating that the trial court had “examin[ed] a psychological evaluation ... and considered] the arguments of counsel.” “Due process requires a court accepting a guilty plea to carefully inquire into the defendant’s understanding of the plea, so that the record contains an affirmative showing that the plea was intelligent and voluntary.” Koenig v. State, 597 So.2d at 258 (citing Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)); see also Fla. R.Crim.

2001An 1985 amendment to the committee note to rule 3.701(d)(5) added: For any offense where the sentence was previously suspended pursuant to the imposition of probation and such offense is now before the court for sentencing, upon revocation of that probation based upon a subsequent criminal offense (which subsequent offense is also before the court for sentencing at the same time), the earlier offense shall be scored as “prior record” and not as “additional offenses.” See The Florida Bar Re: Rules of Criminal Procedure, 482 So.2d 311 (Fla.1985).

1998Although the trial court did not have the benefit of it at the time of the sentencing hearing in this case, during the pendency of this appeal this court announced State v. Meyers, 708 So.2d 661 (Fla. 3d DCA 1998), which resolves this issue favorably to the State.

1997The orders should also show that his sentences for the two convictions are to run concurrently; court costs of $255, investigative costs of $100, and unspecified fines totaling $700 are stricken, as no statutory authority was cited for their assessment, see Bradshaw v. State, 638 So.2d 1024 (Fla. 1st DCA 1994); and the public defender assessment of $250 is stricken, since the record does not reflect that the trial court gave Fisher notice and an opportunity to be heard as to the amount of this fee at the time of the sentencing hearing.

1997See Fla.R.Crim.P. 3.720(d)(1); Buiey v. State, 583 So.2d 384 (Fla. 1st DCA 1991).

1994See State v. Veach, 630 So.2d 1096 (Fla. 1994); Troutman ; Sirmons v. State, 620 So.2d 1249 (Fla. 1993); *1206 Berry v. State, 636 So.2d 555 (Fla. 2d DCA 1994).

1994See State v. Veach, 630 So.2d 1096 (Fla. 1994); Troutman ; Sirmons v. State, 620 So.2d 1249 (Fla. 1993); *1206 Berry v. State, 636 So.2d 555 (Fla. 2d DCA 1994).