MARY E. ADAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Probation Conditions cases and more on FLexlaw
PER CURIAM.
Defendant appeals from the imposition of costs as a condition of probation following her conviction for issuing worthless checks.
Defendant first contends, and the state concedes, that the imposition of costs pursuant to sections 943.25(4), 943.25(8) and 960.20, Florida Statutes (1985), was erroneous because the requisites of notice and opportunity to be heard had not been complied with. We agree and reverse and remand for that compliance. See Jenkins v. State, 444 So. 2d 947 (Fla.1984).
Defendant next contends that there was an ex post facto application of section 27.345, Florida Statutes (1985), as to the imposition of $200 court costs. We agree and reverse. Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986); Ivie v. State, 497 So. 2d 931 (Fla. 2d DCA 1986); Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986). We incorporate by reference and certify to the Florida Supreme Court the question certified in Yost.
We need not address defendant’s third contention which concerns whether section 27.3455 was properly followed.
Reversed and remanded for proceedings consistent herewith.
DANAHY, C.J., and LEHAN and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Treadway v. State, 500 So. 2d 308 (Fla. 2d DCA 1986)…ous because the requisite notice and opportunity to be heard had not been complied with. We agree and strike the imposition of costs without prejudice to the state filing a new motion. See Jenkins v. State, 444 So. 2d 947 (Fla.1984); Adams v. State, 497 So. 2d 1309 (Fla. 2d DCA 1986). Appellant next raises the issue that section 27.3455, Florida Statutes (1985) violates ex post facto restrictions of the United States and Florida Constitutions as applied to him. The crime to which he pled nolo contendere occu…
-
Parker v. State, 500 So. 2d 721 (Fla. 2d DCA 1987)…ial court erred in imposing costs pursuant to sections 943.25(4), 943.25(8) and 960.20, Florida Statutes (1985), without prior notice and opportunity to be heard. We agree and reverse. See Jenkins v. State, 444 So. 2d 947 (Fla.1984); Adams v. State, 497 So. 2d 1309 (Fla. 2d DCA 1986). Appellant also attacks the imposition of costs under section 27.3455, Florida Statutes (1985), on the theory that the statute violates ex post facto restrictions of the United States and Florida Constitutions as applied to him…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)
- Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986)
- Ivie v. State, 497 So. 2d 931 (Fla. 2d DCA 1986)