DAVID M. HARRIEL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that a petitioner can attack the imposition of costs under section 27.3455, Florida Statutes, on appeal even if they failed to object in the trial court, due to due process concerns.
The district court denied the petitioner's appeal regarding costs assessed under section 27.3455, Florida Statutes, because the petitioner did not obj…
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PER CURIAM.
We have for review Harriel v. State, 508 So. 2d 509 (Fla. 4th DCA 1987), because of express and direct conflict with Ramsey v. State, 507 So. 2d 742 (Fla. 2d DCA 1987), and Webber v. State, 497 So. 2d 995 (Fla. 5th DCA 1986), approved, 509 So. 2d 926 (Fla.1987). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
The district court held that the petitioner could not attack on appeal the imposition of costs assessed under section 27.3455, Florida Statutes (1985), because he failed to object to their imposition in the trial court. Since that time, we decided Mays v. State, 519 So. 2d 618 (Fla.1988), and held that the due process concerns of Jenkins v. State, 444 So. 2d 947 (Fla.1984), apply to the imposition of costs under section 27.3455.
Accordingly, the decision below is quashed with respect to costs assessed under section 27.3455 with the understanding that upon remand to the trial court, such costs may be assessed in accordance with our opinion in Mays. Otherwise, we approve the decision of the district court of appeal.
It is so ordered. MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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Citator
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Donovan v. State, 572 So. 2d 522 (Fla. 5th DCA 1990)…eteering activity rather than investment of proceeds, the incidents still fit the criteria for a single pattern. COSTS We reverse the imposition of costs because the appellant was not given any notice that they would be assessed. Harriel v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984). As we stated in Bryant v. State, 546 So. 2d 762, 763 (Fla. 5th DCA 1989), irrespective of the statute under which costs are assessed, the trial court…
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Moore v. State, 530 So. 2d 61 (Fla. 1st DCA 1988)…1987); Riddell v. State, 509 So. 2d 956 (Fla. 1st DCA 1987); Harris v. State, 498 So. 2d 1371 (Fla. 1st DCA 1986). Furthermore, the imposition of such costs may be challenged even though no objection was raised in the trial court. Harriet v. State, 520 So. 2d 271 (Fla.1988); Famam v. State, 516 So. 2d 329 (Fla. 1st DCA 1987); Bellinger v. State, 514 So. 2d 1142 (Fla. 1st DCA 1987); Brown v. State, 508 So. 2d 776 (Fla. 1st DCA 1987). There is nothing in this record to indicate appellant received adequate not…
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Cardwell v. State, 525 So. 2d 1025 (Fla. 5th DCA 1988)…’s cheekbone to his adam’s apple. Had Allen's injuries been any more severe, they would have been fatal, and we find no. merit to this argument. Finally, Cardwell contends the lower court erred in imposing court costs. Pursuant to Harriet v. State, 520 So. 2d 271 (Fla.1988) and Mays v. State, 519 So. 2d 618 (Fla.1988), we quash the trial court’s imposition of costs, requiring notice and opportunity to be heard upon remand. [*1027] We conclude that dual punishments for aggravated battery with a weapon, and po…
Previewing 3 of 42 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Webber v. State, 497 So. 2d 995 (Fla. 5th DCA 1986)
- Ramsey v. State, 507 So. 2d 742 (Fla. 2d DCA 1987)
- Harriel v. State, 508 So. 2d 509 (Fla. 4th DCA 1987)
- State v. Bennie Frank Williams, 509 So. 2d 926 (Fla. 1987)
- State v. Webber, 509 So. 2d 926 (Fla. 1987)