Bozeman v. State

District Court of Appeal of Florida

Bozeman v. State

548 So. 2d 281, 14 Fla. L. Weekly 2055, 1989 Fla. App. LEXIS 4882, 1989 WL 101070

CourtDistrict Court of Appeal of Florida

DecidedSeptember 1, 1989

DocketNo. 88-2682

StatusPublished

This text of 548 So. 2d 281 (Bozeman v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bozeman v. State, 548 So. 2d 281, 14 Fla. L. Weekly 2055, 1989 Fla. App. LEXIS 4882, 1989 WL 101070 (Fla. Ct. App. 1989).

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Opinion

SHIVERS, Chief Judge.

Appellant, Donald Richard Bozeman, appeals the trial court’s denial of his motion for judgment of acquittal and its imposition of $1,775 in court costs. We affirm the first point, finding that the evidence presented by the State was susceptible of only one inference, which was clearly inconsistent with appellant’s hypothesis of innocence. State v. Law (Fla.1989), opinion filed July 27, 1989 [14 F.L.W. 387]; Fowler v. State, 492 So.2d 1344 (Fla. 1st DCA 1986). We reverse the imposition of costs, however, as the State concedes that appellant was not given notice and an opportunity to object. Jenkins v. State, 444 So.2d 947 (Fla.1984).

Accordingly, the judgment and sentence are hereby affirmed, and the cost provision of the sentence is stricken without prejudice to the State’s seeking reassessment upon proper notice to the appellant.

BOOTH and BARFIELD, JJ., concur.

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SHIVERS, Chief Judge.

Appellant, Donald Richard Bozeman, appeals the trial court’s denial of his motion for judgment of acquittal and its imposition of $1,775 in court costs. We affirm the first point, finding that the evidence presented by the State was susceptible of only one inference, which was clearly inconsistent with appellant’s hypothesis of innocence. State v. Law (Fla.1989), opinion filed July 27, 1989 [14 F.L.W. 387]; Fowler v. State, 492 So.2d 1344 (Fla. 1st DCA 1986). We reverse the imposition of costs, however, as the State concedes that appellant was not given notice and an opportunity to object. Jenkins v. State, 444 So.2d 947 (Fla.1984).

Accordingly, the judgment and sentence are hereby affirmed, and the cost provision of the sentence is stricken without prejudice to the State’s seeking reassessment upon proper notice to the appellant.

BOOTH and BARFIELD, JJ., concur.

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Bluebook (online)

548 So. 2d 281, 14 Fla. L. Weekly 2055, 1989 Fla. App. LEXIS 4882, 1989 WL 101070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bozeman-v-state-fladistctapp-1989.

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