JORGE ARMANDA HERNANDEZ AND TRANGULINO MARTINEZ, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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JOANOS, Judge.
Appellants Hernandez and Martinez appeal their judgments and sentences imposed after a jury found them guilty of the offenses of sale of cocaine, possession of cocaine with intent to sell, and possession of drug paraphernalia. Appellants’ counsel has filed a brief which complies with the guidelines enunciated in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and states that he is unable to make an argument that any reversible error occurred in the trial court proceedings.
We find no error with respect to the judgments and sentences. However, 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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Hardy v. State, 586 So. 2d 1070 (Fla. 1st DCA 1991)…ntence for violation of probation. Appellant argues, and the State concedes, that the trial court erred in imposing a nine-cell upward departure sentence for violation of probation. Lambert v. State, 545 So. 2d 838, 842 (Fla.1989); Sellers v. State, 563 So. 2d 214, 215 (Fla. 1st DCA 1990); Teer v. State, 557 So. 2d 910, [*1071] 911 (Fla. 1st DCA 1990). We therefore reverse the departure sentence and remand for resentencing with a permissible one-cell increase for probation violation. BOOTH, ZEHMER and WOLF,…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- Vann v. State, 561 So. 2d 21 (Fla. 2d DCA 1990)
- Harris v. State, 561 So. 2d 21 (Fla. 1st DCA 1990)