MANUEL SANTANA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-10-11
No. 82-2218
Before BARKDULL, NESBITT and JORGENSON, JJ.
438 So. 2d 980 Florida District Court of Appeal, Third District (1983)

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Synopsis

Appellants Hale and Rios appeal their convictions for robbery with a deadly weapon. The appellate court affirms their convictions and sentences but strikes court cost assessments that were imposed without proper notice or opportunity to object.


Holding

The convictions are affirmed based on sufficient evidence and proper admission of the statements. However, the court costs imposed without notice and opportunity to object are struck from the judgments, without prejudice to the state to tax these costs through proper procedures.


Key Quotes

“we find no merit in the contentions that there was insufficient evidence to sustain the convictions and that the trial court committed reversible error in admitting the statements made by appellant Rios and overheard by Officer Lash”

Establishes that the court found sufficient evidence for conviction and proper admission of statements

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Facts & Procedural History

Appellants Hale and Rios were convicted of robbery with a deadly weapon under Florida law. Officer Lash overheard statements made by appellant Rios. A…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Bumper v. North Carolina, 391 U.S. 543, 88 S.Ct. 1788, 20 L.Ed.2d 797 (1968); Spenkelink v. Wainwright, 578 F. 2d 582 (5th Cir.1978), cert. denied mem., 440 U.S. 976, 99 S.Ct. 1548, 59 L.Ed.2d 796 (1979); Breedlove v. State, 413 So. 2d 1 (Fla.), cert. denied mem., - U.S. -, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982); Adams v. State, 412 So. 2d 850 (Fla.), cert. denied mem., - U.S. -, 103 S.Ct. 182, 74 L.Ed.2d 148 (1982); Steinhorst v. State, 412 So. 2d 332 (Fla.1982); Riley v. State, 366 So. 2d 19 (Fla.1978), cert. denied mem.,-U.S. -, 103 S.Ct. 317, 74 L.Ed.2d 294 (1982); Jackson v. State, 419 So. 2d 394 (Fla. 4th DCA 1982); Mainor v. State, 415 So. 2d 827 (Fla. 3d DCA 1982); Hicks v. State, 414 So. 2d 1137 (Fla. 3d DCA 1982); Monarca v. State, 412 So. 2d 443 (Fla. 5th DCA 1982); Fields v. State, 379 So. 2d 408 (Fla. 3d DCA 1980); Mahone v. State, 222 So. 2d 769 (Fla. 3d DCA 1969).


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