CURTIS LEE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Having carefully reviewed the record of the proceedings in the trial court, we find no error sufficient to warrant reversal and, therefore, affirm appellant’s convictions and sentences for first degree murder and kidnapping. Turner v. State, 530 So. 2d 45 (Fla.1987), cert. denied, 489 U.S. 1040, 109 S.Ct. 1175, 103 L.Ed.2d 237 (1989). However, the trial judge erred in imposing costs against appellant without adequate notice and an opportunity to object on the issue of costs. Jenkins v. State, 444 So. 2d 947 (Fla.1984); McNabb v. State, 552 So. 2d 313 (Fla. 2d DCA 1989), rev. denied, 562 So. 2d 346 (Fla.1990). Accordingly, we strike the court costs without prejudice to the state seeking to have them reimposed after proper notice.
SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.
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Bryant v. State, 577 So. 2d 1372 (Fla. 1st DCA 1991)…unselling and treatment; and by requiring him to work full-time. We affirm the work requirement without further discussion. As to the imposition of costs, we affirm on the authority of Bull v. State, 548 So. 2d 1103 (Fla. 1989), and Rhodes v. State, 566 So. 2d 593 (Fla. 1st DCA 1990), and certify the question on the notice requirement for imposition of costs as we did in Rhodes. We find error with respect to the probation condition relating to alcohol counseling and treatment. This condition, which is part o…
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Showers v. State, 570 So. 2d 377 (Fla. 1st DCA 1990)…984). This court has recently interpreted state and federal decisions as holding that an indigent defendant need not be provided notice and an opportunity to be heard prior to the imposition of statutorily-mandated, fixed costs. See Rhodes v. State, 566 So. 2d 593 (Fla. 1st DCA 1990). Accordingly, we affirm the trial court’s imposition of costs. As in Rhodes, however, we recognize that the Florida Supreme Court has not expressly receded from its holding in Jenkins, supra. For that reason, we again certify the…
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Sumter v. State, 570 So. 2d 1039 (Fla. 1st DCA 1990)…dice for the state to tax those costs in accordance with due process requirements. AFFIRMED in part, and REVERSED and REMANDED in part. BARFIELD, J., concurs. BOOTH, J., concurs in part with written opinion. . To the extent that Rhodes v. State, 566 So. 2d 593 (Fla. 1st DCA 1990), may be read as applying the lesser Bull notice requirements to costs imposed under sections 960.20, 943.25, and 27.-3455, we must disagree therewith.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Turner v. State, 530 So. 2d 45 (Fla. 1987)
- Honolulu Fed. Sav. & Loan Assn. v. Murabayashi, 489 U.S. 1040 (U.S. 1989)
- McNABB v. State, 552 So. 2d 313 (Fla. 2d DCA 1989)