THOMAS MELVIN BRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm Thomas Melvin Bright’s convictions for possession of cocaine, marijuana, and drug paraphernalia, and uttering a forged instrument.1 We also affirm Bright’s sentences of two years of community control followed by three years’ probation for the uttering and possession of cocaine convictions, and one concurrent year of probation for the possession of marijuana and paraphernalia convictions.
We reverse the imposition of costs however, without prejudice to the reimposition of statutorily authorized costs after proper notice and hearing, provided that the written order recites citation to statutory authority for any costs imposed. Snyder v. State, 662 So. 2d 1033, 1033 (Fla. 1st DCA 1995) (holding that a fee for First Step is not statutorily authorized); Brown v. State, 681 So. 2d 834 (Fla. 1st DCA 1996) (holding that it is error to impose a fee without providing notice to the defendant of his right to contest the amount, and error to fail to include in the written order a citation of statutory authority for the fee).
MINER, WEBSTER and LAWRENCE, JJ., concur. . Bright committed these crimes on August 24, 1995 and November 6, 1995.
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Citator
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Smiley v. State, 704 So. 2d 191 (Fla. 1st DCA 1997)…g its statutory authority and what specifically this sum comprises. We must reverse the $1,500.00 for court costs and fines, without prejudice to the trial court to reimpose authorized sums after following the appropriate procedure. Bright v. State, 689 So. 2d 1285 (Fla. 1st DCA), rev. granted, 697 So. 2d 1218 (Fla.1997); Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995). The fifth and final alleged error requires a clerical correction so that the written order reflects that the appellant received a split…
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Boyington v. State, 125 So. 3d 327 (Fla. 1st DCA 2013)…Nix v. State, 84 So. 3d 424 (Fla. 1st DCA 2012) (holding it was error to impose discretionary fine without specifically pronouncing it at sentencing and reversing without prejudice to reimpose the fine following proper procedures); Bright v. State, 689 So. 2d 1285 (Fla. 1st DCA 1997) (reversing imposition of costs without prejudice for reimposition of statutorily authorized costs after proper notice and hearing); Smiley v. State, 704 So. 2d at 195 (reversing imposition of a lump sum of $1,500 in court costs a…
Authorities Cited
- Snyder v. State, 662 So. 2d 1033 (Fla. 1st DCA 1995)
- Brown v. State, 681 So. 2d 834 (Fla. 1st DCA 1996)
- State v. Harrell Elmore Franko, Jr., 681 So. 2d 834 (Fla. 1st DCA 1996)