KENNETH ZALANKA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1991-02-13
No. 90-1225
DELL, POLEN and GARRETT, JJ., concur.
573 So. 2d 1084 Florida District Court of Appeal, Fourth District (1991) Caution
Cited by 18 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant entered a plea of no contest to the charge of armed trespass. The trial court adjudicated him guilty and placed him on probation for eighteen months with a special condition that he serve thirteen weekends in a work release program. At the time of sentencing the trial court failed to announce that it intended to include the assessment of costs totalling $225; nevertheless, it included those costs in its sentencing order. We hold that where costs are imposed upon a defendant without notice and opportunity to be heard, we must reverse the imposition of costs and remand the cause to the trial court for further proceedings in accordance with Mays v. State, 519 So. 2d 618 (Fla.1988) and Jenkins v. State, 444 So. 2d 947 (Fla.1986).

REVERSED and REMANDED.

DELL, POLEN and GARRETT, JJ., concur.


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  • Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995)
    …the moving finger having writ moves on nor any appeal shall lure it back to cancel half a line.” Boucher v. Pure Oil Co., 101 So. 2d 408, 410 (Fla. 1st DCA 1957). . Allstate expresses concern that the Fourth District's decision in McAdoo v. Ogden, 573 So. 2d 1084 (Fla. 4th DCA 1991), has opened a Pandora's box in allowing voluminous discovery. We express no opinion on what constitutes "voluminous” discovery. We merely reiterate that discovery must be confined to relevant materials.…
  • Elkins v. Syken, 672 So. 2d 517 (Fla. 1996)
    …r district courts have allowed for the discovery of such financial information. See, e.g., Bissell Bros., Inc. (1099 forms subject to discovery to disclose bias); Wood (records of this type are relevant to credibility as an expert); McAdoo v. Ogden, 573 So. 2d 1084 (Fla. 4th DCA 1991) (bills for services rendered as defense expert discoverable to show potential bias). Notably, the district court in this case specifically rejected this argument, finding that decisions in this field have gone too far in permitt…
  • Syken v. Elkins, 644 So. 2d 539 (Fla. 3d DCA 1994)
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