From Casetext: Smarter Legal Research

Davis v. State

District Court of Appeal of Florida, First District
Jan 6, 1987
499 So. 2d 940 (Fla. Dist. Ct. App. 1987)

Opinion

No. BO-366.

January 6, 1987.

Appeal from the Circuit Court for Alachua County; Theron A. Yawn, Jr., Judge.

Kathleen Stover, Asst. Public Defender, for appellant.

Maria Ines Suber, Asst. Atty. Gen., for appellee.


By a motion to relinquish jurisdiction, appellant has informed this court that the only issue to be raised in this appeal pertains to the imposition of court costs pursuant to section 27.3455, Florida Statutes (1985), without notice or an opportunity to be heard. The State agrees that the record does not show that appellant received notice of the imposition of costs prior to entry of the written sentence. Therefore, that portion of the sentence imposing costs pursuant to section 27.3455 is reversed and this cause is remanded for resentencing in accordance with the procedures and holding announced in Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986).

ERVIN, NIMMONS and BARFIELD, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, First District
Jan 6, 1987
499 So. 2d 940 (Fla. Dist. Ct. App. 1987)
Case details for

Davis v. State

Case Details

Full title:ELIJAH DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 6, 1987

Citations

499 So. 2d 940 (Fla. Dist. Ct. App. 1987)