STEPHEN MARCO MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Oral Pronouncement Of Sentence Conditions cases and more on FLexlaw
DIAMANTIS, Judge.
We affirm Stephen Marco Morris’s convictions and sentences for two counts of dealing in stolen property; however, we reverse the imposition of a special condition of Morris’s probation which required him to pay $60 to First Step of Volusia County because this condition was not orally pronounced at sentencing, see Shaddix v. State, 599 So. 2d 269 (Fla. 1st DCA 1992), and because the trial court failed to reference the statutory authority for the imposition of such costs. See Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994), rev. denied, 640 So. 2d 1109 (Fla.1994). This reversal is without prejudice to the state to seek reimposition of such costs after Morris has been given adequate notice and opportunity to be heard on the matter. See Williams v. State, 580 So. 2d 326 (Fla. 5th DCA 1991). If the trial court does reimpose such costs on remand, the trial court shall reference the statutory authority for the imposition of such costs.
AFFIRMED in part; REVERSED in part; REMANDED.
HARRIS, C.J., and PETERSON, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Toledo v. Hillsborough Cnty. Hosp. Auth., 747 So. 2d 958 (Fla. 2d DCA 1999)…nce discredited Mulder’s analysis to such an extent that it negated a previous finding of numerosity. This court will not reverse an order determining class certification absent an abuse of discretion. See Goldfarb v. Insurance Co. of North America, 642 So. 2d 586, 587 (Fla. 3d DCA 1994). It is well-settled that, while a plaintiff is not required to plead the exact number of persons included in a proposed class, a plaintiff is precluded from relying on speculation as to class size. See Marcial v. Coronet Ins.…
-
Wyeth, Inc. v. Gottlieb, 930 So. 2d 635 (Fla. 3d DCA 2006)…arnings in January, 2003. Wyeth appeals arguing that the trial court abused its discretion in granting the motion for class certification because individual issues prevail over the common or typical elements. See Goldfarb v. Ins. Co. of N. America, 642 So. 2d 586, 587 (Fla. 3d DCA 1994). Wyeth claims that Prempro continues to be approved as safe and effective by the FDA, and that no federal or state court has certified a medical monitoring class action involving a prescription drug, especially for a prescri…
-
Brooks v. State, 649 So. 2d 329 (Fla. 5th DCA 1995)…nd. See Cleveland v. State, 617 So. 2d 1166 (Fla. 5th DCA 1993). See also Anderson v. State, 616 So. 2d 200 (Fla. 5th DCA 1993). Also, the trial court failed to reference the statutory authority for the imposition of such costs. See Morris v. State, 642 So. 2d 586 (Fla. 5th DCA 1994); Shaddix v. State, 599 So. 2d 269 (Fla. 1st DCA 1992). On remand, if the trial court resolves this discrepancy by reimposing the payment of this cost item as a condition of community control, the trial court must reference the st…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shaddix v. State, 599 So. 2d 269 (Fla. 1st DCA 1992)
- Menchaca v. State, 636 So. 2d 178 (Fla. 2d DCA 1994)
- Arjomand v. Alec J. Ross, 633 So. 2d 1122 (Fla. 3d DCA 1994)
- Lenthius Daryl Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994)
- Erskin Alfonzo Williams v. State, 580 So. 2d 326 (Fla. 5th DCA 1991)