Simmons v. State

Full title: ROBIN SIMMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Dec 27, 1989

554 So. 2d 28 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-02333.

December 27, 1989.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

HALL, Judge.

We find merit only in Simmons' second point on appeal. Simmons was given no notice and opportunity to object to the imposition of court costs, Jenkins v. State, 444 So.2d 947 (Fla. 1984), or to the conditions of his probation, Boatright v. State, 549 So.2d 1173 (Fla.2d DCA 1989).

Accordingly, we reverse the order placing Simmons on probation and remand this cause for resentencing with directions consistent herewith.

Reversed and remanded.

DANAHY, A.C.J., and LEHAN, J., concur.