MORGAN EUGENE AYERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed conviction and sentence but reversed the imposition of court costs without notice, striking the $1,775 cost provision and remanding for reassessment with proper notice.
Court costs cannot be imposed as a condition of probation without notice to the defendant.
[1] Court costs cannot be imposed as a condition of probation without prior notice to the defendant.
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Join FLexlaw to unlock all legal intelligenceMorgan Eugene Ayers was convicted and sentenced to probation with court costs of $1,775 imposed as a condition without notice to him.…
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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). We affirm the judgment and sentence imposed. Although we note that a motion for post-conviction relief has been filed, since the record in this appeal had been transmitted, the trial court did not have jurisdiction to act on the motion. Bryant v. State, 442 So. 2d 309 (Fla. 5th DCA 1983). Moreover, ineffective assistance of trial counsel may not be raised for the first time on direct appeal and the issue of the voluntariness of the guilty plea cannot be raised on direct appeal unless appellant has first made a motion to withdraw the plea in the trial court. Both issues may be raised by a properly filed motion for post-conviction relief. McKelvin v. State, 497 So. 2d 951 (Fla. 1st DCA 1986). Accordingly, we affirm the judgment and sentence without prejudice to appellant’s raising these issues in a subsequent motion for post-conviction relief.
However, we agree with appellant that the trial court erred in imposing court costs without notice in the amount of $1,775, to be paid as a condition of probation. Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984). Consequently, we strike the cost provision without prejudice to the State to seek reassessment after proper notice to appellant. Fanning v. State, 537 So. 2d 197 (Fla. 2d DCA 1989).
AFFIRMED, in part, REVERSED, in part, and REMANDED, for further proceedings.
WENTWORTH and THOMPSON, JJ., concur.
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Coupe v. State, 564 So. 2d 1199 (Fla. 1st DCA 1990)…as also filed an Anders brief, but argues that costs were 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, howe…
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Enedina Herrera v. Hojo INN Maingate & Armor Ins. Co., 680 So. 2d 439 (Fla. 1st DCA 1996)…s as an essential element of an order entered by the JCC. See, e.g., Wal Mart Stores, Inc. v. Brewer, 648 So. 2d 264, 265 (Fla. 1st DCA 1995); Hanna v. Industrial Labor Serv., Inc., 636 So. 2d 773, 776 (Fla. 1st DCA 1994); Courtesy Corp. v. Holland, 538 So. 2d 545, 547 (Fla. 1st DCA 1989); Broadfoot v. Albert Hugo Ass’n, 478 So. 2d 863, 864 (Fla. 1st DCA 1985); Venable v. Grandeur Arabians, 464 So. 2d 625, 625-26 (Fla. 1st DCA 1985). Indeed, the workers’ compensation statute provides that “[t]he order making…
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Holland v. Courtesy Corp. & Adjustco, Inc., 563 So. 2d 787 (Fla. 1st DCA 1990)…nd order are governed by rule 1.290(b), that the order is appealable as a final order, and that the court erred in granting leave to take the deposition. The claimant, after a hearing on remand pursuant to our decision in Courtesy Corp. v. Holland, 538 So. 2d 545 (Fla. 1st DCA 1989), was denied permanent total disability benefits because his current job was found not to be sheltered employment. That final order is now on appeal and, as a result, no issues remain pending for decision by the judge below. More…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Bryant v. State, 442 So. 2d 309 (Fla. 5th DCA 1983)
- McKELVIN v. State, 497 So. 2d 951 (Fla. 1st DCA 1986)
- Fanning v. State, 537 So. 2d 197 (Fla. 2d DCA 1989)