MICHAEL DELANO SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Judge.
The appellant, Michael Delano Scott, challenges his judgment and sentence for robbery with a firearm. We find merit only in his contention that the trial court erred in imposing a cost of $2.00 pursuant to section 943.25(13), Florida Statutes (1993), without announcing that cost at sentencing. That cost was a discretionary cost, which required notice and an opportunity to be heard. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Priest v. State, 20 Fla.L.Weekly 84, — So. 2d-(Fla. 2d DCA Dec. 28, 1994); Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). Since Scott was not given notice and an opportunity to be heard as to that cost, the $2.00 imposed pursuant to section 943.25(13) is hereby stricken. Scott’s judgment and sentence is otherwise affirmed.
DANAHY, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Scott v. State, 665 So. 2d 337 (Fla. 2d DCA 1995)…tended the trial court erred in refusing to allow him to withdraw the plea. In a written opinion, this court affirmed his judgment and sentence for robbery with a firearm without discussion of the merits and struck certain costs. See Scott v. State, 656 So. 2d 568 (Fla. 2d DCA 1995). In his postconviction motion, Mr. Scott alleges that he should be entitled to withdraw his plea because of ineffective assistance of counsel. We conclude that his allegations are facially sufficient grounds for relief, and that…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)