Legal Opinion

Birks v. State

District Court of Appeal of Florida

Decided January 30, 1996No. 95-37Published

1Opinion of the Court

MICKLE, Judge.

Robert F. Birks, Jr., the appellant, appeals from a final judgment and sentence. As to the questions raised in Issue I, we affirm judgment and sentence. As to Issue II, we strike the civil restitution lien order based on its noncompliance with statutory requirements. Lund v. State, 658 So.2d 679 (Fla. 1st DCA 1995).

The appellant was charged with possession of marijuana (Count I), possession of paraphernalia (Count II), and possession of marijuana with intent to sell or deliver marijuana (Count III). He filed a motion to dismiss Count III on the ground that the state had not…

2Cases cited4 opinions

  1. State v. BookerDistrict Court of Appeal of Florida · 1988
  2. Lund v. StateDistrict Court of Appeal of Florida · 1995
  3. State v. FlemingDistrict Court of Appeal of Florida · 1992
  4. State v. MattoxDistrict Court of Appeal of Florida · 1983

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