MAURICE COREY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1988-12-07
No. 88-1152
GLICKSTEIN, WALDEN and STONE, JJ., concur.
534 So. 2d 886 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The parties agree that this case should be remanded with direction that the defendant be afforded notice and the opportunity to be heard upon the imposition of costs. Accordingly, we vacate the trial court’s imposition of costs, which is the sole basis for this appeal, and remand with the above direction.

That it took this appeal, and its cost in legal, clerical and judicial time, to correct this error, is lamentable.

GLICKSTEIN, WALDEN and STONE, JJ., concur.

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  • Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994)
    …in violation of the instructions of his probation officer. Violation of a condition which is imposed by a probation officer, rather than an express condition of the trial court, cannot serve as a basis for revocation of probation. Ashrafi v. State, 534 So. 2d 886 (Fla. 4th DCA 1988); Morales v. State, 518 So. 2d 964 (Fla. 3d DCA 1988). Although the trial court could not find a violation of probation based solely on either contact with his stepchildren or the hearsay account of the physical contact incident…
  • Waldon v. State, 670 So. 2d 1155 (Fla. 4th DCA 1996)
    …ondition or requirement imposed unilaterally by the probation officer but not by the sentencing order. See, [*1158] e.g., Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994); Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994); and Ashrafi v. State, 534 So. 2d 886 (Fla. 4th DCA 1988); see also Morales v. State, 518 So. 2d 964 (Fla. 3d DCA 1988); Hutchinson v. State, 428 So. 2d 739 (Fla. 2d DCA 1983) and Holterhaus v. State, 417 So. 2d 291 (Fla. 2d DCA 1982). Although her original sentencing order in 1989 req…
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