YVONNE I. HOLLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1988-05-26
No. 87-1185
DAUKSCH and COBB, JJ., concur.
525 So. 2d 498 Florida District Court of Appeal, Fifth District (1988) Positive Treatment
Cited by 5 cases


Opinion of the Court
SHARP, Chief Judge.

SHARP, Chief Judge.

Hollis appeals her ten-year sentence entered in accordance with her negotiated plea. We quash the imposition of costs, requiring notice and opportunity to be heard pursuant to Harriel v. State, 520 So. 2d 271 (Fla.1988) and Mays v. State, 519 So. 2d 618 (Fla.1988). Accordingly, we are no longer of the opinion that “this type of error will not be considered until it has been first submitted to the trial court for correction.” Reynolds v. State, 516 So. 2d 1094, 1095 (Fla. 5th DCA 1987).

In addition, we strike the trial court’s imposition of community service in lieu of $200.00 in costs, pursuant to section 27.3455(1), Florida Statutes (1987). Before Hollis was sentenced, that portion of the statute was repealed by the legislature. See Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988); Hill v. State, 517 So. 2d 784 (Fla. 5th DCA 1988); Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987).

AFFIRM SENTENCE AS MODIFIED.

DAUKSCH and COBB, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Norden v. State, 548 So. 2d 303 (Fla. 1989)
    …PER CURIAM. The judgment for costs entered below without prior notice is stricken and this cause is remanded for consideration of such costs following proper notice. See Bryant v. State, 546 So. 2d 762 (Fla. 5th DCA 1989) and Hollis v. State, 525 So. 2d 498 (Fla. 5th DCA 1988). REVERSED AND REMANDED. DANIEL, C.J., COBB, J., and ORFINGER, M., Retired, J., concur.…
  • Gordon v. State, 530 So. 2d 1113 (Fla. 5th DCA 1988)
    …947 (Fla.1984), the imposition of costs was improper, and the state here concedes error. Accordingly, we strike the cost assessment and remand for their imposition, at the trial court’s discretion, after due notice and hearing. See Hollis v. State, 525 So. 2d 498 (Fla. 5th DCA 1988). COBB and DANIEL, JJ., concur. . Gordon’s judgment shows he was ordered to pay $20.00 to the Crimes Compensation Fund, (section 960.20, Florida Statutes) and $2.00 to the Criminal Justice Trust Fund (section 943.-25(4), Flor…
  • Murphy v. State, 539 So. 2d 22 (Fla. 5th DCA 1989)
    …rights and is hereby reversed. See Jenkins v. State, 444 So. 2d 947 (Fla.1984); Mays v. State, 519 So. 2d 618 (Fla.1988), and Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986). See also Harriet v. State, 520 So. 2d 271 (Fla.1988); Hollis v. State, 525 So. 2d 498 (Fla. 5th DCA 1988); Morris v. State, 524 So. 2d 494 (Fla. 5th DCA 1988); Riccard v. State, 514 So. 2d 83 (Fla. 5th DCA 1987); Evins v. State, 497 So. 2d 1293 (Fla. 5th DCA 1986); Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986), rev. denied, 5…

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