TYRELL MOBLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
TYRELL MOBLEY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
125 So. 3d 327
Florida District Court of Appeal, Fifth District (2013)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the judgment and sentence in Case Nos. 2010-402-CF, 11-271-CF and 11-277-CF, in the Circuit Court in and for Flagler County, Florida. See Fla. RApp. P. 9.141(c)(6)(D).
PETITION GRANTED.
PALMER, LAWSON and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hornstra v. State, 218 So. 3d 979 (Fla. 5th DCA 2017)…court incorrectly dismissed claim 4 on the basis that Hornstra failed to identify the costs he wished to challenge. Counsel’s failure to challenge the imposition of costs can serve as a basis for postconviction relief. See, e.g., Boyington v. State, 125 So. 3d 327, 328 (Fla. 1st DCA 2013) (finding appellate counsel ineffective for not filing rule 3.800 motion challenging lump sum fines and costs). In his motion, Hornstra explicitly referenced the costs of incarceration. Hornstra alleged, inter alia, that tria…
-
Strong v. State, 140 So. 3d 680 (Fla. 5th DCA 2014)…y-mandated costs may be imposed without notice (and thus, need not be individually announced at sentencing), discretionary costs or fines must be orally pronounced at sentencing in order to comport with due process requirements.” Boyington v. State, 125 So. 3d 327, 327-28 (Fla. 1st DCA 2013) (citations omitted). The trial court must also advise the defendant of his right to contest the discretionary fee when it is orally imposed. Kirkland v. State, 106 So. 3d 4, 5 (Fla. 1st DCA 2013) (“[T]he Public Defender f…