JESSE MORRIS A/K/A TROY WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JESSE MORRIS A/K/A TROY WRIGHT, APPELLANT,
STATE OF FLORIDA, APPELLEE
570 So. 2d 1113
Florida District Court of Appeal, Fifth District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
DAUKSCH, Judge.
We affirm appellant’s conviction. However, the trial court imposed costs against the indigent defendant and the record fails to reflect that the defendant was afforded notice or an opportunity to object, contrary to Harriel v. State, 520 So. 2d 271 (Fla.1988). Therefore, we reverse that portion of the judgment which assesses the costs. See also Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984).
AFFIRMED in part; REVERSED in part.
HARRIS and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991)…redit against them for time previously served. SENTENCE VACATED; CAUSE REMANDED. COBB, COWART and HARRIS, JJ., concur. . An appellate court may sua sponte address and remedy a fundamental error apparent on the face of the record. Stites v. State, 570 So. 2d 1113 (Fla. 5th DCA 1990); Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981). The violation of a constitutional double jeopardy right is fundamental error. State v. Johnson, 483 So. 2d 420 (Fla.1986). . Some judges still have qualms about the legality of…
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Doyle v. State, 644 So. 2d 1041 (Fla. 3d DCA 1994)…abandoned, by failing to raise any legal argument, his appeal of the trial court’s denial of his Rule 3.800 motion, we address same on the grounds that this court may, sua sponte, address error obvious on the face of the record. See Stites v. State, 570 So. 2d 1113 (Fla. 5th DCA 1990); Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981). On March 22, 1994, the trial court sentenced defendant in two cases, PK93-353-CF-A and PK-94 — 44-CF-A. The sentences imposed on defendant were based upon separate scoresheets…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Harriel v. State, 520 So. 2d 271 (Fla. 1988)