LINDA COLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LINDA COLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
564 So. 2d 1256
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant’s judgment and sentence are affirmed. The imposition of costs and attorney’s fees is stricken without prejudice to the state seeking reassessment after proper notice and hearing. Wood v. State, 544 So. 2d 1004 (Fla.1989).
RYDER, A.C.J., and DANAHY and ALTENBERND, JJ., concur.
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Citator
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Rogers v. State, 685 So. 2d 58 (Fla. 2d DCA 1996)…’s score-sheet indicates thirty-three total sentence points, the trial court sentenced the appellant to five years in prison. Because no written reasons were given for the upward departure sentence, the prison sentence was error. See Smith v. State, 564 So. 2d 1256 (Fla. 2d DCA 1990). The state argues, however, that the appellant was on probation when the possession of cocaine offense took place and that the appellant’s scoresheet erroneously omits points for violation of his probation. If this contention is…
Authorities Cited
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)