MICHAEL ANTHONY SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is the third appeal to this court of a guidelines departure sentence originally imposed in 1984. See Scott v. State, 508 So. 2d 335 (Fla.1987); Scott v. State, 492 So. 2d 448 (Fla. 1st DCA 1986); Scott v. State, 469 So. 2d 865 (Fla. 1st DCA 1985). Because the latest sentence fails to properly reflect the exact amount of credit for time served to which Scott is entitled, we remand with directions that the sentence be corrected in this regard. The 20 year departure sentence is supported by a valid reason for departure, Scott’s creation of extreme risk to the safety of many citizens. Scurry v. State, 489 So. 2d 25 (Fla.1986). Accordingly, on remand, the court shall correct the portion of the sentence providing credit for time served. In all other respects, the sentence is AFFIRMED.
THOMPSON, NIMMONS and BARFIELD, JJ., concur.
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Clark v. State, 560 So. 2d 264 (Fla. 5th DCA 1990)…impose costs against him without notice or an opportunity to be heard. Appellee concedes that it was error under the cases cited by appellant. Harriet v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988); Morris v. State, 524 So. 2d 494 (Fla. 5th DCA 1988). However, says the state, we should recede from Morgan and Morris and issue an opinion in conflict with Harriet and Mays. In support of its position the state cites United Stat…
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Singletary v. State, 530 So. 2d 460 (Fla. 5th DCA 1988)…ken. We vacate the imposition of costs which were assessed without notice or an opportunity to object. Hamel 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); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988). We also vacate that portion of the probation order requiring defendant to make restitution of $238 and imposing a public defender’s lien of $400, because defendant was entitled to a hearing on the amount of restitution to be ord…
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Camp v. State, 536 So. 2d 369 (Fla. 5th DCA 1988)…r failure to pay the costs. See Jones v. State, 518 So. 2d 732 (Fla. 5th DCA 1987). However, Jones v. State, supra, has been superseded by Harriet v. State, 520 So. 2d 271 (Fla.1988) and Mays v. State, 519 So. 2d 618 (Fla.1988). See Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988). Therefore, the court costs are stricken and the case is remanded for the trial court at its own discretion to assess costs as a condition of probation after proper notice and a hearing. In all other respects, the orders of proba…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Scurry v. State, 489 So. 2d 25 (Fla. 1986)
- Scott v. State, 508 So. 2d 335 (Fla. 1987)
- Scott v. State, 469 So. 2d 865 (Fla. 1st DCA 1985)
- Scott v. State, 492 So. 2d 448 (Fla. 1st DCA 1986)