CHESTERFIELD DRAKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Judge.
The appellant, Chesterfield Drakes, challenges his judgment and sentence for aggravated battery. 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 Drakes 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. Drakes’ judgment and sentence is otherwise affirmed.
DANAHY, A.C.J., and PARKER, J., concur.
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Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995)…d to consider defendant’s financial resources and other factors in making the decision to assess these discretionary costs. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Majors v. State, 645 So. 2d 1110 (Fla. 1st DCA 1994); Drakes v. State, 656 So. 2d 569 (Fla. 2d DCA 1995). Additionally, the $200 court costs assessment is fatal because no statutory authority is cited and because, if this amount represents costs of prosecution pursuant to section 939.01, Florida Statutes (1993), then the state has th…
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El CID Condo. Ass'n, Inc. v. Pub. Serv. Mut. Ins. Co., 780 So. 2d 325 (Fla. 3d DCA 2001)…Drew, 770 So. 2d 1164, 1166 (Fla.2000); (“Common law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.”) See also Doe v. Young, 656 So. 2d 569, 570 (Fla. 5th DCA 1995) (order directing compliance with pre-suit notice is not grounds for certiorari review). Accordingly, the appeal is dismissed.…
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Join FLexlaw to unlock all legal intelligenceAuthorities 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)