JAMES O. MCNABB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES O. MCNABB, APPELLANT,
STATE OF FLORIDA, APPELLEE
552 So. 2d 313
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant, James 0. McNabb, raises two issues. His first issue is without merit as this court has previously held that probation can be imposed consecutively to community control. Skeens v. State, 542 So. 2d 436 (Fla. 2d DCA 1989).
For his second issue, the defendant contends, and the state agrees, that the trial court erred by imposing court costs without adequate notice or an opportunity to object as required by Wood v. State, 544 So. 2d 1004 (Fla.1989) and Jenkins v. State, 444 So. 2d 947 (Fla.1984). Accordingly, we strike the court costs without prejudice to the state seeking to have them reimposed after proper notice.
DANAHY, A.C.J., and HALL and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 566 So. 2d 593 (Fla. 2d DCA 1990)…040, 109 S.Ct. 1175, 103 L.Ed.2d 237 (1989). However, the trial judge erred in imposing costs against appellant without adequate notice and an opportunity to object on the issue of costs. Jenkins v. State, 444 So. 2d 947 (Fla.1984); McNabb v. State, 552 So. 2d 313 (Fla. 2d DCA 1989), rev. denied, 562 So. 2d 346 (Fla.1990). Accordingly, we strike the court costs without prejudice to the state seeking to have them reimposed after proper notice. SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- Skeens v. State, 542 So. 2d 436 (Fla. 2d DCA 1989)