RANDY COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-07-13
No. 88-2684
SHIVERS, C.J. and JOANOS, J., concur.
546 So. 2d 123 Florida District Court of Appeal, First District (1989) Caution
Cited by 18 cases
Topics
Notice And Opportunity To Object Opportunity To Object Assessment Of Costs Notice

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Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

We reverse and remand that portion of appellant’s sentences which impose costs upon appellant, because costs were imposed without adequate notice or opportunity to object to the assessment. Costs may, of course, be assessed on remand after adequate notice and opportunity have been afforded. Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Raulerson v. State, 544 So. 2d 338 (Fla. 1st DCA 1989).

In addition, as it appears that several of the written sentences are inconsistent with the oral pronouncement of those sentences, we direct the trial court on remand to correct the written sentences to conform to the oral sentences. Ferguson v. State, 545 So. 2d 505 (Fla. 1st DCA 1989); Timmons v. State, 453 So. 2d 143, 144 (Fla. 1st DCA 1984).

REVERSED and REMANDED.

SHIVERS, C.J. and JOANOS, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Hickey v. Burlinson, 33 So. 3d 827 (Fla. 5th DCA 2010)
    …y transcribed. This is because due process requires the party seeking to modify visitation demonstrate that there has been a material change in circumstances and that modification is required to protect the child’s best interest. See Nowak v. Nowak, 546 So. 2d 123 (Fla. 1st DCA 1989). The only avenue for Hickey’s proof in this case is through the children’s testimony. In Nowak, the trial court terminated the father’s visitation after receiving testimony from the parties, the child’s psychological therapist a…
  • Ward v. State, 558 So. 2d 166 (Fla. 1st DCA 1990)
  • Brown v. State, 599 So. 2d 225 (Fla. 1st DCA 1992)
    …ion followed by [*226] three years of probation). The case is therefore remanded with directions to correct the written sentence so as to conform to the oral pronouncement. Timmons v. State, 453 So. 2d 143, 144 (Fla. 1st DCA 1984); Collins v. State, 546 So. 2d 123, 123 (Fla. 1st DCA 1989); Ferguson v. State, 545 So. 2d 505, 505 (Fla. 1st DCA 1989); Camp v. State, 501 So. 2d 81, 83 (Fla. 1st DCA 1987). Appellee’s motion to dismiss is DENIED; appellant’s sentence in Case No. 89-2702 is VACATED and the case RE…

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