DAVID PAUL SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
David Paul Smith challenges the trial court’s use of the amended habitual offender statute to enhance his sentence for aggravated assault. We affirm Smith’s conviction and sentence, but strike the imposition of costs. The amended habitual offender statute contained in section 775.084, Florida Statutes (Supp.1988), does not violate the due process and equal protection clauses of the United States and Florida Constitutions. See Arnold v. State, 566 So. 2d 37 (Fla.2d DCA 1990); Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990); Roberts v. State, 559 So. 2d 289 (Fla.2d DCA 1990); King v. State, 557 So. 2d 899 (Fla. 5th DCA 1990).
Costs were imposed on Smith without giving him notice and an opportunity to be heard. Accordingly, we affirm Smith’s conviction and sentence, but strike the assessment of costs, without prejudice to the state to seek reassessment after proper notice and hearing. Wood v. State, 544 So. 2d 1004 (Fla.1989).
RYDER, A.C.J., HALL and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (13 total)
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London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993)…st DCA 1991), approved, 616 So. 2d 9 (Fla.1993) (due process and other grounds); Wilson v. State, 574 So. 2d 1170, 1171 (Fla. 1st DCA) (due process, equal protection and separation of powers), rev. denied, 583 So. 2d 1038 (Fla.1991); Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990) (due process, equal protection), rev. denied, 576 So. 2d 291 (Fla.1991); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990) (due process, equal protection), rev. denied, 576 So. 2d 284 (Fla.1991); Barber v. State, 564 So. 2d 1169 (…
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Goodman v. State, 578 So. 2d 11 (Fla. 1st DCA 1991)…two prior convictions had been entered at the same time. As to the first issue, we affirm on the authority of Bouie v. State, 570 So. 2d 1148 (Fla. 1st DCA 1990), and Atkinson v. State, 570 So. 2d 1147 (Fla. 1st DCA 1990), citing to Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990), dismissed 564 So. 2d 488 (Fla.1990); King v. State, 557 So. 2d 899 (Fla. 5th DCA 1990), rev. denied, 564 So. 2d 1086 (Fla.199…
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Wilson v. State, 574 So. 2d 1170 (Fla. 1st DCA 1991)…ual violent felony offender under Section 775.084(1)(b), Florida Statutes (1988 Supp.). He attacks the constitutionality of the statute on due process, equal protection, and separation of powers grounds. We affirm on the authority of Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA), dismissed, 564 So. 2d 488 (Fla.1990); King v. State, 557 So. 2d 899 (Fla. 5th DCA), review denied, 564 So. 2d 1086 (Fla.1990). Cf.…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Caracciolo v. State, 557 So. 2d 899 (Fla. 4th DCA 1990)
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990)
- Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990)
- Flowers v. State, 559 So. 2d 289 (Fla. 4th DCA 1990)
- Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990)