WILLIAM VARELA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-08-16
No. 88-03095
RYDER, A.C.J., and PATTERSON, J., concur.
550 So. 2d 40 Florida District Court of Appeal, Second District (1989) Caution
Cited by 3 cases
Topics
Notice And Opportunity To Object Opportunity To Object Costs Of Prosecution Notice

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Opinion of the Court
SCHOONOVER, Judge.

SCHOONOVER, Judge.

The appellant, William Varela, challenges the sentences imposed upon him after this court reversed his original sentences in Varela v. State, 530 So. 2d 960 (Fla. 2d DCA 1988). Except for the imposition of certain costs, we find no merit in any of his contentions and, accordingly, affirm. We agree, however, that the trial court erred by requiring the appellant to pay $5000 for the cost of prosecution and a $250 payment to the court improvement fund in addition to the $240 court costs imposed at appellant’s original sentencing. These additional costs were imposed without adequate notice or opportunity to object as mandated by Jenkins v. State, 444 So. 2d 947 (Fla.1984). We, accordingly, strike the additional assessments without prejudice to the state seeking to have them reimposed after proper notice.

Affirmed as modified.

RYDER, A.C.J., and PATTERSON, J., concur.

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Cited By

  • Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
    …isting statutes. . Aultman v. State, 515 So. 2d 391 (Fla. 2d DCA 1987); Singletary v. State, 520 So. 2d 107 (Fla. 2d DCA 1988); Brewer v. State, 531 So. 2d 393 (Fla. 2d DCA 1988); Wright v. State, 531 So. 2d 221 (Fla. 2d DCA 1988); Varela v. State, 550 So. 2d 40 (Fla. 2d DCA 1989); Zachary v. State, 559 So. 2d 105 (Fla. 2d DCA 1990); Siplin v. State, 584 So. 2d 599 (Fla. 2d DCA 1991); Alfonso v. State, 595 So. 2d 583 (Fla. 2d DCA 1992); Gawron v. State, 597 So. 2d 340 (Fla. 2d DCA 1992); Williams v. State,…
  • Gore v. State, 559 So. 2d 347 (Fla. 2d DCA 1990)
    …contends that the trial court erred in imposing court costs without notice or a determination of his ability to pay. We agree and strike these costs without prejudice to the state to seek to have them reimposed after proper notice. Varela v. State, 550 So. 2d 40 (Fla. 2d DCA 1989). Affirmed. RYDER, A.C.J., and FRANK, J., concur.…
  • Drew David Kirkman v. State, 598 So. 2d 232 (Fla. 2d DCA 1992)
    …seq., Florida Statutes (1987). Under section 958.04(2)(c), Florida Statute (1987), the maximum sentence that may be imposed is a period of incarceration for a term not exceeding four years followed by two years of community control. Walls v. State, 550 So. 2d 40 (Fla. 2d DCA 1989). By imposing two consecutive periods of community control following the sentence for robbery with a deadly weapon, the appellant was sentenced to serve a total of ten years. This sentence exceeded the statutory maximum allowed in…

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