ORLANDO GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ORLANDO GONZALEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
791 So. 2d 1162
Florida District Court of Appeal, Third District (2001)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed.
SHEVIN, J., and NESBITT, Senior Judge, concur.
Concurrence
COPE, J.
(concurring).
I concur in upholding the disciplinary action against defendant-appellant Gonzalez, but note that upon providing the Parole Commission a copy of the Department of Corrections’ March 6, 2000 response to his grievance, the defendant would be entitled to have his Parole Commission record corrected to reflect that the disciplinary action against him was for possession of unauthorized prescription drugs, not possession of narcotics. Defendant may be right that the latter charge carries a more pejorative connotation than the former.
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NIX v. State, 84 So. 3d 424 (Fla. 1st DCA 2012)…2011) (reversing the imposition of discretionary fines and authorizing the court to reimpose the fines on remand “by following the proper procedure, which includes individually announcing each assessment and the authority for each”); Terry v. State, 791 So. 2d 1162, 1163 (Fla. 1st DCA 2001) (reversing imposition of $2 discretionary cost and stating that the trial court may reimpose the cost “after complying with the ‘procedural safeguards’ set forth in Reyes ”); Smiley, 704 So. 2d at 195 (reversing imposition…
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Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)…711 So. 2d 1303 (Fla. 2d DCA 1998); Higdon v. State, 709 So. 2d 572 (Fla. 2d DCA 1998); Wyatt v. State, 708 So. 2d 655 (Fla. 2d DCA 1998). Likewise, our opinion today would now appear to conflict with the First District’s opinions in Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001), and Griffin v. State, 800 So. 2d 321 (Fla. 1st DCA 2001), because those opinions followed our earlier approach to this issue. .See Pasco County, Fla. Code of Ordinances art. I, §§ 34-4, 54-1 (1994). . This statute was also ame…
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Munoz v. State, 884 So. 2d 1070 (Fla. 5th DCA 2004)…e costs, and the defendant must be given notice and an opportunity to be heard”). Such costs may be reimposed if the state can produce the required documentation at a noticed hearing. Hill v. State, 845 So. 2d 310 (Fla. 2d DCA 2003); Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001). We affirm the convictions, strike the imposition of costs, and remand to provide the state an opportunity to comply with the procedural requirements of section 938.27. [*1071] AFFIRMED in part; REVERSED in part; and REMANDED wi…
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