EUGENE WIDNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EUGENE WIDNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
542 So. 2d 1068
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
JOANOS, Judge.
Widner has appealed from a sentence imposed after remand by this court in Wid-ner v. State, 520 So. 2d 676 (Fla. 1st DCA 1988). The sentence is affirmed, but the trial court erred in imposing court costs without notice under sections 960.20 and 943.25(4), Florida Statutes, as a condition of probation. Ayers v. State, 538 So. 2d 545 (Fla. 1st DCA 1989). Consequently, we strike the cost provision without prejudice to the State to seek reassessment after proper notice to appellant. The sentence is in all other respects affirmed.
THOMPSON and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ira J. Harmon v. State, 547 So. 2d 1027 (Fla. 1st DCA 1989)…o his most recent sentencing pursuant to the decision and mandate of this court in Harmon II. We agree and reverse the departure sentence with directions to sentence appellant within a properly calculated sentencing guidelines range. Hogan v. State, 542 So. 2d 1068 (Fla. 1st DCA 1989). The law of the case doctrine does not preclude reconsideration of a decided issue when an intervening decision of a higher court to the contrary is controlling on that issue. Young v. State, 503 So. 2d 1360 (Fla. 1st DCA 1987).3…
Authorities Cited
- Morgan Eugene Ayers v. State, 538 So. 2d 545 (Fla. 1st DCA 1989)
- Widner v. State, 520 So. 2d 676 (Fla. 1st DCA 1988)