JOHN CHRISTIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN CHRISTIE, APPELLANT,
STATE OF FLORIDA, APPELLEE
538 So. 2d 544
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 4 cases
Opinion of the Court
WIGGINTON, Judge.
This appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The judgment and sentence are affirmed, but we agree with appellant that the trial court erred in imposing court costs under sections 960.20 and 943.25(4), Florida Statutes, without notice or the opportunity to object. Jenkins v. State, 444 So. 2d 947 (Fla.1984). Accordingly, we strike the cost provisions without prejudice to the State to seek reassessment after proper notice to appellant. Fanning v. State, 537 So. 2d 197 (Fla. 2d DCA 1989).
WENTWORTH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coupe v. State, 564 So. 2d 1199 (Fla. 1st DCA 1990)…improperly imposed. The state has moved to strike the brief, contending that the brief is improper in this respect. This practice has been implicitly approved by this court in Ayers v. State, 538 So. 2d 545 (Fla. 1st DCA 1989) and Christie v. State, 538 So. 2d 544 (Fla. 1st DCA 1989).1 In case number 89-1705, the special public defender assigned to represent Samuel Williams has also filed a brief that purports to comply with Anders. In the brief, however, it is argued that the trial court erred by not giving…
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Hart v. State, 543 So. 2d 357 (Fla. 1st DCA 1989)…ce for attempted burglary of a dwelling. The judgment and sentence are affirmed, but the trial court erred in imposing court costs under sections 960.20 and 943.25(4), Florida Statutes, without notice or the opportunity to object. Christie v. State, 538 So. 2d 544 (Fla. 1st DCA 1989) citing Jenkins v. State, 444 So. 2d 947 (Fla.1984). We therefore strike the cost provisions without prejudice to the State to seek [*358] reassessment after proper notice to appellant. Christie, supra. THOMPSON and ZEHMER, JJ.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Fanning v. State, 537 So. 2d 197 (Fla. 2d DCA 1989)