ROBIN SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBIN SIMMONS, APPELLANT,
STATE OF FLORIDA, APPELLEE
554 So. 2d 28
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
HALL, Judge.
We find merit only in Simmons’ second point on appeal. Simmons was given no notice and opportunity to object to the imposition of court costs, Jenkins v. State, 444 So. 2d 947 (Fla.1984), or to the conditions of his probation, Boatright v. State, 549 So. 2d 1173 (Fla.2d DCA 1989).
Accordingly, we reverse the order placing Simmons on probation and remand this cause for resentencing with directions consistent herewith.
Reversed and remanded.
DANAHY, A.C.J., and LEHAN, J., concur.
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Citator
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M.C. v. State, 561 So. 2d 461 (Fla. 3d DCA 1990)…L.Ed.2d 274 (1969). Accordingly, we reverse that second adjudication and remand the matter so that, by plea colloquy, the court may determine whether the juvenile freely, knowingly, and voluntarily tendered his nolo contendere plea. C.W. v. State, 554 So. 2d 28, (Fla. 2d DCA 1989); C.S. v. State, 462 So. 2d 1205 (Fla. 3d DCA 1985); Fla.R.Juv.P. 8.130(a)(1). See also J.N. v. State, 483 So. 2d 885 (Fla. 3d DCA 1986) (proceedings tantamount to nolo contendere plea required inquiry into whether juvenile freely…
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L.D.S. v. State, 791 So. 2d 548 (Fla. 2d DCA 2001)…arges and remand with directions that the trial court hold an adjudicatory hearing on those charges unless L.D.S. decides to voluntarily enter a plea. See A.D.W., 777 So. 2d at 1105; D.V.L. v. State, 693 So. 2d 693 (Fla. 2d DCA 1997); C.W. v. State, 554 So. 2d 28 (Fla. 2d DCA 1989). Reversed and remanded with directions. PARKER, A.C.J., and DAVIS, J., Concur.…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- State v. Bingham, 549 So. 2d 1173 (Fla. 2d DCA 1989)