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Thomas v. State

District Court of Appeal of Florida, Second District
Sep 28, 1988
531 So. 2d 422 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1366.

September 28, 1988.

Appeal from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


We remand this case to the trial court for correction of two minor errors. First, the written judgment and sentence forms must be corrected to reflect the court's oral pronouncement to the effect appellant's two separate fourteen-year sentences are to run concurrently. Perez v. State, 498 So.2d 1005 (Fla. 2d DCA 1986). Second, because the court imposed costs without notice or the opportunity to be heard, those provisions must be stricken without prejudice to the state to seek reassessment after proper notice. Jenkins v. State, 444 So.2d 947 (Fla. 1984). In all other respects the judgments and sentences are affirmed.

RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Second District
Sep 28, 1988
531 So. 2d 422 (Fla. Dist. Ct. App. 1988)
Case details for

Thomas v. State

Case Details

Full title:ED THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 28, 1988

Citations

531 So. 2d 422 (Fla. Dist. Ct. App. 1988)