CHARLES HOUSTON HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BARFIELD, Judge.
Charles Houston Harris timely appeals from a judgment and sentence for one count of sale or delivery of a controlled substance and one count possession of a controlled substance. We find no reversible error in allowing the State to question Harris regarding his past marijuana use under the circumstances of this case.
However, we reverse the imposition of statutory court costs and remand with directions that the trial court afford Harris proper notice and opportunity to object to the imposition of the costs. See Jenkins v. State, 444 So. 2d 947 (Fla.1984). Because we find the Florida Supreme Court’s analysis and holding in Jenkins and subsequent decisions unequivocal, we deny the State’s request to certify this issue to the Florida Supreme Court, notwithstanding recent federal decisions. See e.g., United States v. Pagan, 785 F. 2d 378 (2d Cir.), cert. den., 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986).
AFFIRMED in part; REVERSED and REMANDED in part for further proceedings.
BOOTH and JOANOS, JJ., concur.
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Cited By
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Vann v. State, 569 So. 2d 867 (Fla. 2d DCA 1990)…al we held that the rule’s proscription of successive motions was not applicable in this instance. Turning to the merits of the motion, we found that Vann had set forth a facially sufficient claim of ineffective assistance of counsel. Vann v. State, 561 So. 2d 21 (Fla. 2d DCA 1990). After remand, the trial court conducted a hearing on the motion. Vann was not present for that hearing, nor was an attorney appointed to represent him. After hearing from the prosecutor and from Vann’s trial counsel, the court a…
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Hernandez v. State, 563 So. 2d 214 (Fla. 1st DCA 1990)…ever, we find we must reverse the imposition of statutory court costs because they were imposed without notice and an opportunity to object. See Wood v. State, 544 So. 2d 1004 (Fla.1989); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Harris v. State, 561 So. 2d 21 (Fla. 1st DCA 1990). The state may seek reassessment of the costs after proper notice and a hearing. Accordingly, this cause is affirmed in part, reversed in part, and remanded for further proceedings. WIGGINTON and ZEHMER, JJ., concur.…
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Dunn v. State, 577 So. 2d 692 (Fla. 1st DCA 1991)…withdraw his plea prior to sentencing. The trial court summarily denied the motion but failed to attach those portions of the record which support the grounds for denial. See Stinyard v. State, 476 So. 2d 277 (Fla. 2d DCA 1985), and Vann v. State, 561 So. 2d 21 (Fla. 2d DCA 1990). We therefore reverse and remand the trial court’s order for proceedings consistent herewith. BOOTH, SMITH and WIGGINTON, JJ., concur.…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Gill v. United States, 479 U.S. 1017 (U.S. 1986)
- Smith v. United States, 479 U.S. 1017 (U.S. 1986)
- United States v. Pagan, 785 F.2d 378 (2d Cir. 1986)