EMMET RICHARD GEMME, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in adding points for legal constraint or in imposing a fine, but the sentence regarding the fine requires correction.
Defendant was sentenced for failure to redeliver a hired vehicle and appealed the addition of points for legal constraint, the imposition of restituti…
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LEHAN, Judge.
Defendant appeals from his sentence for failure to redeliver a hired vehicle.. We remand for correction of the sentence but otherwise affirm.
Defendant first contends that the trial court erred in adding points on the guidelines scoresheet for legal constraint. His argument apparently is that although he had been named in an outstanding New York warrant, New York had not extradited him and the warrant was active only in New York. We disagree with his contention. Rule 3.701(d)(6), Florida Rules of Criminal Procedure, defines “Legal status at time of offense,” which calls for additional scoresheet points, as including “fugitives who have ... failed to appear for a criminal judicial proceeding_” We conclude that the New York warrant to which defendant admittedly was subject caused defendant to come within that rule which draws no distinction between criminal judicial proceedings within and without this state.
Defendant next contends that the trial court erred in imposing restitution. However, defendant did not object to restitution and, therefore, failed to preserve that issue for appeal. See Williams v. State, 507 So. 2d 1171 (Fla. 2d DCA 1987); Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987); Hussey v. State, 504 So. 2d 796 (Fla. 2d DCA 1987); Pettway v. State, 502 So. 2d 1366 (Fla. 2d DCA 1987); Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987).
Defendant next contends that the trial court erred in imposing a fine. We disagree. A fine was permitted under section 775.083(1)(c), Florida Statutes (1985). The error in specifying defendant’s fine in the judgment, rather than in the sentence, should be corrected on remand by the trial judge, and we so direct. Defendant need not be present for this purpose.
This case is otherwise affirmed.
DANAHY, C.J., and RYDER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ferris v. State, 558 So. 2d 179 (Fla. 2d DCA 1990)…nd in my mind, the probation report suggests Community Control. We, therefore, conclude that appellant not only did not object to restitution, he specifically consented to it and, therefore, failed to preserve that issue for appeal. Gemme v. State, 508 So. 2d 533 (Fla. 2d DCA 1987). We find that appellant’s remaining points on appeal have no merit. Accordingly, we reverse for resentencing so that appellant’s total sentence shall not exceed the statutory maximum of five years and for deletion of the court-i…
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Grant v. State, 547 So. 2d 952 (Fla. 3d DCA 1989)…a criminal judicial proceeding.” Here the defendant was subject to an outstanding bench warrant which causes him to come within this rule, thus justifying the addition of the 21 points which elevated his guideline sentence range. See Gemme v. State, 508 So. 2d 533 (Fla. 2d DCA 1987) (defendant subject to New York warrant fell within the definition of legal status causing added scoresheet points).…
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Wilson v. State, 522 So. 2d 115 (Fla. 2d DCA 1988)…hese sections were imposed absent the procedural requirements of Jenkins v. State, 444 So. 2d 947 (Fla.1984). Appellant’s failure to object to restitution when orally pronounced by the trial court precludes our review of that issue. Gemme v. State, 508 So. 2d 533 (Fla. 2d DCA 1987); Hussey v. State, 504 So. 2d 796 (Fla. 2d DCA 1987). We affirm the conviction and the order of restitution. We reverse and strike the imposition of costs and remand for correction of the written judgment accordingly. Appellant ne…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987)
- Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987)
- Pettway v. State, 502 So. 2d 1366 (Fla. 2d DCA 1987)
- Williams v. State, 507 So. 2d 1171 (Fla. 2d DCA 1987)
- Hussey v. State, 504 So. 2d 796 (Fla. 2d DCA 1987)