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Lang v. State

District Court of Appeal of Florida, First District
Apr 2, 1987
503 So. 2d 957 (Fla. Dist. Ct. App. 1987)

Opinion

No. BL-370.

March 5, 1987. Rehearing Denied April 2, 1987.

Appeal from the Circuit Court, Alachua County, Osee R. Fagan, J.

Michael E. Allen, Public Defender, Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Henri C. Cawthon, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant appeals his sentence, which departs from the sentencing guidelines, and the imposition of costs pursuant to section 27.3455, Florida Statutes (1985). Although the trial court's reasons for departure were in narrative form, it is clear that the trial court departed for these two reasons: (1) appellant's juvenile record which was not scored, and (2) the timing of appellant's offenses. Both of these reasons are valid. Weems v. State, 469 So.2d 128 (Fla. 1985); and Williams v. State, 484 So.2d 71 (Fla. 1st DCA 1986). However, the imposition of costs is reversed since appellant was not given notice and an opportunity to object. Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986). See also Comer v. State, 502 So.2d 513 (Fla. 1st DCA 1987), and Harris v. State, 498 So.2d 1371 (Fla. 1st DCA 1986).

REVERSED and REMANDED for resentencing.

JOANOS and BARFIELD, JJ., concur.


Summaries of

Lang v. State

District Court of Appeal of Florida, First District
Apr 2, 1987
503 So. 2d 957 (Fla. Dist. Ct. App. 1987)
Case details for

Lang v. State

Case Details

Full title:TERRY LAMAR LANG, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 2, 1987

Citations

503 So. 2d 957 (Fla. Dist. Ct. App. 1987)