LEALEAR J. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-11-08
No. 88-00776
RYDER, A.C.J. and PARKER and ALTENBERND, JJ., concur.
552 So. 2d 262 Florida District Court of Appeal, Second District (1989) Negative Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant pleaded guilty to certain charges. At the change of plea hearing held on January 21, 1988, the trial court announced that appellant would be “required to pay costs in the amount of $250.” At sentencing on February 26, 1988, and without objection, the trial court announced that appellant would be charged $250 for court costs. We agree with appellant’s contention that he did not have notice and opportunity to object to the imposition of costs. See Wood v. State, 544 So. 2d 1004, 1006 (Fla.1989); Jenkins v. State, 444 So. 2d 947 (Fla.1984). Cf. Bull v. State, 548 So. 2d 1103 (Fla.1989) (where trial court announces that it is imposing lien for services of court-appointed counsel and gives defendant 30 days to challenge amount of lien and defendant fails to challenge such lien, then defendant has waived argument).

Accordingly, we affirm appellant’s convictions and sentences, but strike the imposition of court costs without prejudice to the state to seek reassessment of the costs.

RYDER, A.C.J. and PARKER and ALTENBERND, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • State v. Hernandez, 596 So. 2d 671 (Fla. 1992)
    …McDONALD, Justice. We review Hernandez v. State, 575 So. 2d 1321 (Fla. 4th DCA 1991), because it conflicts with Bergen v. State, 552 So. 2d 262 (Fla. 2d DCA 1989). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The issue we address is: When an individual commits a single act of lewd behavior in front of more than one child, can that person be charged with and convicted of a separate c…
  • Hernandez v. State, 575 So. 2d 1321 (Fla. 4th DCA 1991)
    …appellant could properly be convicted of two lewd acts under the facts presented. I would reject the first district’s holding in Lifka v. State, 530 So. 2d 371 (Fla. 1st DCA 1988), and follow instead the second district’s holding in Bergen v. State, 552 So. 2d 262 (Fla. 2d DCA 1989). Accordingly, I would affirm appellant’s conviction for two counts of lewd acts, but for the other errors which require reversal and remand for a new trial.…
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  • Belcher v. State, 646 So. 2d 231 (Fla. 5th DCA 1994)
    …ses of battery and assault, but not as to the primary charges. The court reasoned that the primary offenses were general intent crimes and the affirmative defense of voluntary intoxication applies only to specific intent crimes. See Bergen v. State, 552 So. 2d 262 (Fla. 2nd DCA 1989), disapproved of on other grounds, State v. Hernandez, 596 So. 2d 671 (Fla.1992); see also Harris v. State, 418 So. 2d 416 (Fla. 1st DCA 1982), review denied, 426 So. 2d 26 (Fla.1983) (attempted lewd assault upon a child is not a…

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