ANGEL HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1989-06-14
No. 88-1332
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.
547 So. 2d 195 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant raises three points on appeal. While we conclude the first point to be without merit, we find merit in the others.

The trial court, in our view, did not adequately address each of the statutory criteria for imposing adult sanctions, as required by section 39.111(7)(c), Florida Statutes (1987). See Leonard v. State, 522 So. 2d 543 (Fla. 4th DCA 1988) and cases cited therein. Furthermore, as the state concedes, the trial court imposed $200 in court costs without prior notice to the defendant and an opportunity for him to be heard. See Mays v. State, 519 So. 2d 618 (Fla.1988). Accordingly, we vacate the imposition of costs and adult sanctions and remand with directions to proceed in accordance with Leonard and Mays.

HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Alto Blocker v. State, 555 So. 2d 982 (Fla. 4th DCA 1990)
    …jury’s request. DeCastro v. State, 360 So. 2d 474 (Fla. 3rd DCA 1978). We reverse the imposition of costs which were assessed without giving appellant notice or opportunity to be heard. Mays v. State, 519 So. 2d 618 (Fla.1988); Hernandez v. State, 547 So. 2d 195 (Fla. 4th DCA 1989). We remand for a proper hearing with notice. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. ANSTEAD, WALDEN and POLEN, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw