EARL MUNDAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EARL MUNDAY, APPELLANT,
STATE OF FLORIDA, APPELLEE
547 So. 2d 336
Florida District Court of Appeal, First District (1989)
Caution
Cited by 4 cases
Opinion of the Court
BARFIELD, Judge.
The convictions and sentences are AFFIRMED. However, the imposition of costs is REVERSED because appellant was not given adequate notice and opportunity to be heard. Jenkins v. State, 444 So. 2d 947 (Fla.1984); Williams v. State, 538 So. 2d 541 (Fla. 1st DCA 1989); Reese v. State, 521 So. 2d 364 (Fla. 1st DCA 1988). The case is REMANDED to the trial court with directions to either strike the imposi tion of costs or to rehear this issue in accordance with Jenkins.
BOOTH and WIGGINTON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ellis Langston v. State, 551 So. 2d 1268 (Fla. 1st DCA 1989)…fore reverse and remand that portion of Lanston’s sentence imposing costs. Costs may be assessed on remand after adequate notice and opportunity to object have been afforded. See Collins v. State, 546 So. 2d 123 (Fla. 1st DCA 1989); Munday v. State, 547 So. 2d 336 (Fla. 1st DCA 1989). Affirmed in part, reversed in part and remanded. BOOTH and BARFIELD, JJ., concur.…
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Lewis v. State, 564 So. 2d 589 (Fla. 1st DCA 1990)…So. 2d 998 (Fla. 1st DCA 1989). The imposition of costs, however, is reversed because appellant was not given adequate notice and opportunity to be heard as to the issue of costs. Jenkins v. [*590] State, 444 So. 2d 947 (Fla.1984); Munday v. State, 547 So. 2d 336 (Fla. 1st DCA 1989). We also find the trial court was without authority to impose community service in lieu of court costs. Rowe v. State, 558 So. 2d 174 (Fla. 5th DCA 1990). Accordingly, the imposition of costs and community service in lieu of co…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Williams v. State, 538 So. 2d 541 (Fla. 1st DCA 1989)
- Linwood A. Findley v. State, 521 So. 2d 364 (Fla. 5th DCA 1988)