Brewer v. State

District Court of Appeal of Florida

Brewer v. State

502 So. 2d 1367, 12 Fla. L. Weekly 645, 1987 Fla. App. LEXIS 7013

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 1987

DocketNo. 85-2919

StatusPublished

Cited by4 cases

This text of 502 So. 2d 1367 (Brewer 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.

Bluebook

Brewer v. State, 502 So. 2d 1367, 12 Fla. L. Weekly 645, 1987 Fla. App. LEXIS 7013 (Fla. Ct. App. 1987).

Pincite

Opinion

LEHAN, Judge.

The defendant appeals his having been sentenced as an habitual offender and the imposition of court costs. We reverse.

Defendant was convicted of grand theft and burglary of a dwelling. The guidelines recommended sentence was nine to twelve years imprisonment, but the trial court found defendant to be an habitual offender and imposed concurrent twenty year terms, plus court costs of $200.

Habitual offender status is no longer a valid reason for departing from the sentencing guidelines. See Whitehead v. State, 498 So.2d 863 (Fla.1986). On remand the court should sentence defendant pursuant to the guidelines. The court may again depart from the guidelines if valid reasons are given. Donahue v. State, 502 So.2d 57 (Fla. 2d DCA 1987).

Defendant had been found to be indigent and was entitled to notice and an opportunity to be heard before the imposition of court costs. See Jenkins v. State, 444 So.2d 947 (Fla.1984).

Defendant’s sentence is reversed and the cause is remanded for resentencing consistent with this opinion.

RYDER, A.C.J., and CAMPBELL, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI