JERMAINE ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in imposing certain costs without notice and opportunity to be heard, and in ordering discretionary costs not orally pronounced.
Appellant was convicted of sale or delivery of cocaine. The trial court imposed a public defender's lien and discretionary costs without proper notice…
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PER CURIAM.
Jermaine Roberts challenges his judgment of conviction and sentence for sale or delivery of cocaine. We affirm the convictions, but find that certain costs were erroneously imposed and therefore reverse in part.
With regard to his conviction, appellant argues that the trial court erred in granting the prosecution’s request, made during trial, to give a “principals” instruction to the jury. There was sufficient evidence adduced in the state’s case-in-chief to support such an instruction; accordingly, the trial court did not err in granting the request for such an instruction, despite the fact that Roberts was not specifically charged with aiding and abetting the sale or delivery of cocaine. See Jacobs v. State, 184 So. 2d 711 (Fla. 1st DCA 1966), and State v. Roby, 246 So. 2d 566 (Fla.1971).
When sentenced, the trial court imposed a public defender’s hen in the amount of $500; however, Roberts was not given notice or an opportunity to be heard on the issue. This was error. See S.I. v. State, 784 So. 2d 1208 (Fla. 2d DCA 2001). The trial court further erred in ordering, in the written sentence, payment of $123 in discretionary costs when appellant was not given notice and when the trial court failed to make an oral pronouncement as to such a cost. See Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995).
These costs are therefore stricken. Because these costs were ordered as conditions of probation, they may not be reimposed. See Carter v. State, 787 So. 2d 193 (Fla. 1st DCA 2001); see also Justice v. State, 674 So. 2d 123, 126 (Fla.1996). In ah other respects, the sentence, like the judgment of conviction, is AFFIRMED, and the cause is REMANDED for entry of a corrected sentence.
ERVIN, VAN NORTWICK and BROWNING, JJ„ concur.
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Finkelstein v. State, 944 So. 2d 1226 (Fla. 4th DCA 2006)…y be imposed without notice to the defendant. Id. However, the trial court is required to give the defendant notice of the imposition of discretionary costs and to make an oral pronouncement of such costs and their statutory basis. Roberts v. State, 813 So. 2d 1016, 1017 (Fla. 1st DCA 2002). If this does not occur, and discretionary costs are made a condition of probation, they are to be stricken, and cannot be re-imposed. Id. We reverse the imposition of the additional fees, and remand for an evidentiary h…
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McMILLAN v. State, 139 So. 3d 345 (Fla. 2d DCA 2014)…Fla. 2d DCA 2006); Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Lopez v. State, 833 So. 2d 283 (Fla. 5th DCA 2002); Roberts v. State, 813 So. 2d 1016 (Fla. 1st DCA 2002); Freeny v. State, 621 So. 2d 505 (Fla. 5th DCA 1993). CRENSHAW, BLACK, and SLEET, JJ., Concur.…
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Donald v. State, 145 So. 3d 934 (Fla. 2d DCA 2014)…(Fla. 2d DCA 1997); Desmond v. State, 576 So. 2d 743 (Fla. 2d DCA 1991); Foss v. State, 834 So. 2d 404 (Fla. 5th DCA 2003); Lopez v. State, 833 So. 2d 283 (Fla. 5th DCA 2002); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Roberts v. State, 813 So. 2d 1016 (Fla. 1st DCA 2002); Harris v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Freeny v. State, 621 So. 2d 505 (Fla. 5th DCA 1993). KELLY, VILLANTI, and LaROSE, JJ., Concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Justice v. State, 674 So. 2d 123 (Fla. 1996)
- State v. Roby, 246 So. 2d 566 (Fla. 1971)
- Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995)
- Fisher v. Fisher, 184 So. 2d 711 (Fla. 2d DCA 1966)
- Doyle Carter v. State, 787 So. 2d 193 (Fla. 1st DCA 2001)
- S.I. v. State, 784 So. 2d 1208 (Fla. 2d DCA 2001)