GLENN BOTTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-03-18
No. 93-295
COBB and PETERSON, JJ., concur.
634 So. 2d 197 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 20 cases

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a sentence where appellant was required to pay one dollar per month sum to First Step of Volusia County.

There is no statutory authority for this assessment and it was done without notice to appellant, or a chance for him to contest it. That provision is stricken. Otherwise, the sentence is affirmed.

AFFIRMED AS MODIFIED.

COBB and PETERSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)
    …ecause there is no statutory authority for the imposition of this cost. Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). In all other respects the judgment and sentence is AFFIRMED. COBB and DIAMANTIS, JJ., concur. . § 812.014, Fla.Stat. (1993). . Hunt v. State, 613 So. 2d 893 (Fla.1992); Gore v. State, 552 So. 2d 1185 (Fla. 5th DCA 1989); Bro…
  • Kevel Watson v. State, 641 So. 2d 432 (Fla. 5th DCA 1994)
    …the appellant in respect to the $1.00 assessment for First Step of Volu-sia County and strike that portion of the order. See Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994). We also reverse the imposition of the fee for the public defender and remand for noticed hearing. Shipley v. State, 528 So. 2d 902 (Fla.1988); Klarstrom v. State, 610 So. 2d…
  • Avallone v. State, 646 So. 2d 745 (Fla. 5th DCA 1994)
    …his $10 appears to be part of the $115 in court costs assessed as a special condition of probation in Count II. The trial court did not cite any statutory authority for its imposition nor was there notice and opportunity to be heard. Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994); Alfonso v. State, 595 So. 2d 583 (Fla. 2d DCA 1992). This court has determined to strike such assessments unless the trial court cites supporting statutory authority. See Gedeon. See Also Fla.R.Crim.P. 3.986(c). JUDGMENT AFFIR…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw