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Collins v. State

District Court of Appeal of Florida, First District
Jul 13, 1989
546 So. 2d 123 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2684.

July 13, 1989.

An Appeal from the Circuit Court for Bay County; N. Russell Bower, Judge.

Michael E. Allen, Public Defender; and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.


We reverse and remand that portion of appellant's sentences which impose costs upon appellant, because costs were imposed without adequate notice or opportunity to object to the assessment. Costs may, of course, be assessed on remand after adequate notice and opportunity have been afforded. Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984); Raulerson v. State, 544 So.2d 338 (Fla. 1st DCA 1989).

In addition, as it appears that several of the written sentences are inconsistent with the oral pronouncement of those sentences, we direct the trial court on remand to correct the written sentences to conform to the oral sentences. Ferguson v. State, 545 So.2d 505 (Fla. 1st DCA 1989); Timmons v. State, 453 So.2d 143, 144 (Fla. 1st DCA 1984).

REVERSED and REMANDED.

SHIVERS, C.J. and JOANOS, J., concur.


Summaries of

Collins v. State

District Court of Appeal of Florida, First District
Jul 13, 1989
546 So. 2d 123 (Fla. Dist. Ct. App. 1989)
Case details for

Collins v. State

Case Details

Full title:RANDY COLLINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 13, 1989

Citations

546 So. 2d 123 (Fla. Dist. Ct. App. 1989)

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