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Hernandez v. State

District Court of Appeal of Florida, Fourth District
Aug 30, 1989
547 So. 2d 195 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1332.

June 14, 1989. Rehearing Denied August 30, 1989.

Appeal from the Circuit Court for Broward County; M. Daniel Futch, Jr., Judge.

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant raises three points on appeal. While we conclude the first point to be without merit, we find merit in the others.

The trial court, in our view, did not adequately address each of the statutory criteria for imposing adult sanctions, as required by section 39.111(7)(c), Florida Statutes (1987). See Leonard v. State, 522 So.2d 543 (Fla. 4th DCA 1988) and cases cited therein. Furthermore, as the state concedes, the trial court imposed $200 in court costs without prior notice to the defendant and an opportunity for him to be heard. See Mays v. State, 519 So.2d 618 (Fla. 1988). Accordingly, we vacate the imposition of costs and adult sanctions and remand with directions to proceed in accordance with Leonard and Mays.

HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.


Summaries of

Hernandez v. State

District Court of Appeal of Florida, Fourth District
Aug 30, 1989
547 So. 2d 195 (Fla. Dist. Ct. App. 1989)
Case details for

Hernandez v. State

Case Details

Full title:ANGEL HERNANDEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 30, 1989

Citations

547 So. 2d 195 (Fla. Dist. Ct. App. 1989)

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