CLARENCE WAYNE SPRINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLARENCE WAYNE SPRINGER, APPELLANT,
STATE OF FLORIDA, APPELLEE
557 So. 2d 188
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 7 cases
Opinion of the Court
THOMPSON, Judge.
The defendant appeals an order which imposed costs upon him without notice. We reverse.
It is fundamental error to impose costs upon a defendant without giving him notice and an opportunity to be heard. Wood v. State, 544 So. 2d 1004 (Fla.1989); Mays v. State, 519 So. 2d 618 (Fla.1988). The imposition of costs is reversed and this case is remanded to the trial judge to strike the costs imposed or to impose authorized costs after proper notice and hearing.
REVERSED.
BARFIELD, J., and SCHWARTZ, ALAN R., Associate Judge, concur.
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Jerravonnie L. Jackson v. State, 834 So. 2d 305 (Fla. 1st DCA 2002)…ying Jackson’s 3.850 motion. The notice identified the order to be reviewed and evinced Jackson’s intention to appeal that order. The state concedes that Jackson’s notice of inquiry was sufficient to timely invoke his right to appeal. Wynn v. State, 557 So. 2d 188 (Fla. 1st DCA 1990)(corre-spondence and pleadings filed within the 30 day appeal period are sufficient to confer jurisdiction on the appellate court). The state also concedes that it will not be prejudiced if the notice of inquiry is treated as a ti…
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Stephenson v. State, 640 So. 2d 117 (Fla. 2d DCA 1994)…g to accept jurisdiction we have seemingly burdened an already over-taxed criminal justice system with unnecessary work even though, as we have noted, Stephenson clearly has a right to belated appellate review under First District See Wynn v. State, 557 So. 2d 188 (Fla. 1st [*119] DCA 1990). However, it has long been the appellate jurisprudence of this state that “[t]he untimely filing of a notice of appeal precludes the appellate court from exercising jurisdiction.” Peltz v. District Court of Appeal, Third D…
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Cordova v. State, 572 So. 2d 1008 (Fla. 3d DCA 1991)…appeals from a sentence entered following a guilty plea. Upon the state’s proper confession of error, we reverse the order sentencing Cordova beyond the guidelines range and remand with instructions to enter a guidelines sentence. See Wynn v. State, 557 So. 2d 188 (Fla. 1st DCA 1990) (trial court could not impose departure sentence after it accepted plea bargain under which defendant agreed to plead nolo contendere to all charges, provided he would receive guidelines sentence). Sentence vacated; remanded wi…
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- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)