JAMES LAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court affirmed robbery convictions but remanded for correction of judgments to reflect second-degree felony classification and to provide opportunity to object to costs assessment for indigent defendant.
Judgments of conviction must be corrected to reflect second-degree felony classification, and an indigent defendant must be afforded notice and opportunity to object before costs are assessed.
[1] An indigent defendant adjudicated insolvent must receive adequate notice and opportunity to object before costs are assessed against him.
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Join FLexlaw to unlock all legal intelligenceLawson was convicted of two robberies without a firearm and sentenced to fifteen years' imprisonment, but the judgments failed to indicate the crimes …
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PER CURIAM.
Lawson appeals two separate judgments of conviction and sentences of fifteen years’ imprisonment for the offense of robbery. He contends the trial court erred in 1) admitting Williams Rule evidence, 2) failing to conform the judgments of conviction to the jury verdicts, and 3) imposing costs, when he had been adjudicated insolvent, without adequate notice and opportunity to object to the assessment of costs.
We find no error demonstrated in regard to the admission of the Williams Rule evidence. However, the state concedes that Lawson was convicted of two second degree felonies, robbery without a firearm, but that the judgments failed to indicate, the crimes were second degree crimes and, as such, do not conform to the verdicts. Furthermore, since Lawson was adjudicated insolvent, costs should not have been assessed against him without adequate notice of such assessment and an opportunity to object. Jenkins v. State, 444 So. 2d 947 (Fla.1984).
Accordingly, the cause is remanded to the trial court for correction of the judgments to reflect the crimes as second degree felonies and Lawson should be afforded an opportunity to object to the assess ment of costs prior to reassessment thereof.
DOWNEY, LETTS and WALDEN, JJ., concur.
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Chaffin v. State, 480 So. 2d 700 (Fla. 4th DCA 1985)…te, 468 So. 2d 470 (Fla. 4th DCA 1985). We reverse and remand for resentencing. We further reverse the imposition of costs and remand for reconsideration and a proper determination. Jenkins v. State, 444 So. 2d 947 (Fla.1984), and Lawson v. State, 470 So. 2d 109 (Fla. 4th DCA 1985). Reversed and Remanded. DOWNEY and WALDEN, JJ., and WES-SEL, JOHN D., Associate Judge, concur.…
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Harriel v. State, 508 So. 2d 509 (Fla. 4th DCA 1987)…that an indigent defendant has the ability to pay. For these reasons, the assessment of costs was inappropriate and a new hearing upon proper notice is necessary to determine the indigent appellant’s ability to pay these costs. See Lawson v. State, 470 So. 2d 109 (Fla. 4th DCA 1985). Finally, we affirm the imposition of additional costs against appellant pursuant to section 27.3455(1), Florida Statutes (1985). Appellant asserts that the application of this section to his case would constitute a violation of…
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Dixon v. State, 487 So. 2d 31 (Fla. 4th DCA 1985)…r. See State v. Jackson, 478 So. 2d 1054 (Fla.1985). As to the trial court’s assessment of costs, we remand with direction to provide appellant the opportunity to object to the assessment prior to reassessment thereof, if any. See Lawson v. State, 470 So. 2d 109 (Fla. 4th DCA 1985). GLICKSTEIN and HURLEY, JJ., and BOARDMAN, EDWARD F., Associate Judge (Retired), concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)