RAYMOND STREAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that court costs imposed without statutory authority and notice must be struck, but the state may seek reassessment on remand.
Appellant was convicted and sentenced for robbery, and the trial court imposed court costs and prosecution costs without prior notice or citing statut…
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PER CURIAM.
Appellant, Raymond Streams, appeals his conviction and sentence for robbery. We affirm both his conviction and sentence, but reverse the imposition of court costs and remand for further proceedings.
At sentencing, without any prior notice, the trial court imposed court costs of $295 and prosecution costs of $50 on Appellant. The trial judge did not cite to any statutory authority to support such an imposition. Moreover, the written judgment did not reflect that any assessments of costs had been made.
Since the record does not specify the statutory authority for imposing the costs, we strike the costs imposed on Appellant. Sutton v. State, 635 So. 2d 1032, 1033 (Fla. 2d DCA 1994); Jackson v. State, 529 So. 2d 320, 321 (Fla. 2d DCA 1988). On remand, however, the State may seek reassessment of such costs. Sutton, 635 So. 2d at 1033. The statutorily mandated court costs may be sought by providing the proper statutory authority to support the cost assessment. Id. For imposing prosecution costs, which is discretionary, the State must provide Appellant with notice, an opportunity to be heard, and the statutory authority upon which such costs are based. Id.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
GUNTHER, C.J., and GLICKSTEIN and DELL, JJ., concur.
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Weaver v. State, 693 So. 2d 1155 (Fla. 4th DCA 1997)…PER CURIAM. We affirm appellant’s conviction of lewd, lascivious or indecent acts. However, we reverse the $500.00 fine because the trial court did not cite specific statutory authority for its imposition. See Streams v. State, 690 So. 2d 736 (Fla. 4th DCA 1997); Holmes v. State, 658 So. 2d 1185, 1186 (Fla. 4th DCA 1995). We remand this case for further proceedings. AFFIRM IN PART, REVERSE IN PART AND REMAND. GUNTHER, C.J., and DELL and STEVENSON, JJ., concur.…
Authorities Cited
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Jackson v. State, 529 So. 2d 320 (Fla. 2d DCA 1988)