RUSSELL HARRISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RUSSELL HARRISON, APPELLANT,
STATE OF FLORIDA, APPELLEE
698 So. 2d 379
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm Mr. Harrison’s conviction and sentence for committing a sexual battery on a child less than twelve years old. We strike the $2 court cost because Mr. Harrison was not given notice of the imposition of this discretionary cost under section 943.25(13), Florida Statutes (1995). See Reyes v. State, 655 So. 2d 111, 117 (Fla. 2d DCA 1995) (en banc). The trial court also erred in failing to give Mr. Harrison notice that he could object to the amount of the public defender’s fee. See Smith v. State, 694 So. 2d 838 (Fla. 2d DCA 1997). On remand, Mr. Harrison shall have thirty days from the date of mandate in which to file objections to the amount of the lien. See id. at 839.
PARKER, C.J., and ALTENBERND and NORTHCUTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Welch v. State, 724 So. 2d 651 (Fla. 2d DCA 1999)…sentence comports with the trial court’s oral pronouncement. See Wilcox v. State, 674 So. 2d 191 (Fla. 2d DCA 1996). The $2 cost is a discretionary cost that was not orally pronounced at sentencing. It is therefore stricken. See Harrison v. State, 698 So. 2d 379 (Fla. 2d DCA 1997). We also strike the $80 in investigative costs since the record is devoid of any request from the Pasco County Sheriffs Office documenting its costs. On remand, the State shall have the opportunity to obtain the appropriate docume…
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Walker v. State, 710 So. 2d 699 (Fla. 2d DCA 1998)…ost which the State could find is found in section 943.25(13), Florida Statutes (1995), for Criminal Justice Education and Training. However, such a cost is discretionary; therefore, it must be orally pronounced at sentencing. See Harrison v. State, 698 So. 2d 379 (Fla. 2d DCA), review denied, 703 So. 2d 476 (Fla.1997); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). Because the sentencing court failed to orally pronounce this $2 cost, it must be stricken. See Reyes. Further, the State concede…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Vashaun Smith v. State, 694 So. 2d 838 (Fla. 2d DCA 1997)