RONALD A. DUBOIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1995-02-21
No. 93-4106
BOOTH, MICKLE and VAN NORTWICK, JJ., concur.
650 So. 2d 228 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on appeal from appellant’s convictions for armed robbery and attempted armed robbery. Finding no reversible error below, we affirm the convictions and sentences. We must reverse, however, the trial court’s order of restitution which was entered without any notice or hearing. Rhoden v. State, 622 So. 2d 122 (Fla. 1st DCA 1993); Harris v. State, 593 So. 2d 1169 (Fla. 1st DCA 1992). Accordingly, we REVERSE AND REMAND for the trial court to hold such a hearing and order an appropriate amount of restitution.

BOOTH, MICKLE and VAN NORTWICK, JJ., concur.


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  • Dodson v. State, 710 So. 2d 159 (Fla. 1st DCA 1998)
    …Trust Fund). Costs imposed in a criminal case must be specifically authorized by statute, and it is error to impose costs without reference to statutory authority or an explanation in the record as to what the costs represent. See Spencer v. State, 650 So. 2d 228 (Fla. 1st DCA 1995); Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994). If a cost is discretionary under a statute, it must be orally pronounced at sentencing and the defendant must be given an opportunity to object. See Reyes v. State, 655 So.…
  • Smiley v. State, 704 So. 2d 191 (Fla. 1st DCA 1997)
    …d fines. Costs assessed in a criminal case must be specifically authorized [*195] by statute, and it is error to impose costs ■without reference to statutory authority or an explanation in the record as to what the costs represent. Spencer v. State, 650 So. 2d 228 (Fla. 1st DCA 1995); Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994). If a cost is discretionary under a statute, it must be orally pronounced at sentencing. Brooks v. State, 672 So. 2d 828 (Fla. 2d DCA 1995). The lower tribunal imposed a lum…
  • Norman v. State, 659 So. 2d 722 (Fla. 1st DCA 1995)
    …r, the trial court’s written order of restitution in the amount of $1338.00, which apparently was entered without notice or hearing, and REMAND for further proceedings in accordance with section 775.089, Florida Statutes (1993). See Dubois v. State, 650 So. 2d 228 (Fla. 1st DCA 1995) (remand required where order of restitution entered without notice or hearing); Medina v. State, 633 So. 2d 578 (Fla. 4th DCA 1994) (written order of restitution remanded where trial court did not mention restitution in its oral…

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