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Johnson v. State

District Court of Appeal of Florida, First District
May 14, 1999
766 So. 2d 225 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1598

Opinion filed May 14, 1999.

An appeal from the Circuit Court for Nassau County, Bill Parsons, Judge.

Nancy A. Daniels, Public Defender; Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Sherri Tolar Rollison and Trisha E. Meggs, Assistant Attorneys General, Tallahassee, for Appellee.


We affirm appellant's conviction and sentence, including the public defender lien that was imposed without being orally pronounced in open court. However, as in Locke v. State, 719 So.2d 1249, 1252 (Fla. 1st DCA 1998), we certify to the supreme court the following question as being of great public importance:

DOES THE FAILURE OF THE TRIAL COURT TO ORALLY PRONOUNCE EACH STATUTORILY AUTHORIZED COST INDIVIDUALLY AT THE TIME OF SENTENCING CONSTITUTE FUNDAMENTAL ERROR?

JOANOS, MINER and DAVIS, JJ., CONCUR.


Summaries of

Johnson v. State

District Court of Appeal of Florida, First District
May 14, 1999
766 So. 2d 225 (Fla. Dist. Ct. App. 1999)
Case details for

Johnson v. State

Case Details

Full title:MONTAVIOUS JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 14, 1999

Citations

766 So. 2d 225 (Fla. Dist. Ct. App. 1999)