Coon v. State

District Court of Appeal of Florida

Coon v. State

511 So. 2d 751, 12 Fla. L. Weekly 2093, 1987 Fla. App. LEXIS 10038

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1987

DocketNo. 86-899

StatusPublished

This text of 511 So. 2d 751 (Coon 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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Coon v. State, 511 So. 2d 751, 12 Fla. L. Weekly 2093, 1987 Fla. App. LEXIS 10038 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

We affirm the judgment and sentence herein except in the following particular. At the sentencing hearing, the trial judge orally announced he was imposing costs in the amount of $249.50. However, the court’s written judgment ordered the defendant to pay a fine in the sum of $249.50.

■ Because the written judgment varies from the court’s oral pronouncement, we reverse the assessment of the fine and remand for further proceedings. Shaw v. State, 467 So.2d 1087 (Fla. 2d DCA 1985). Should the trial judge choose to reimpose costs to be added to the written judgment, appellant as an indigent must be given notice and an opportunity to be heard, pursuant to Jenkins v. State, 444 So.2d 947 (Fla.1984).

SCHEB, A.C.J., HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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PER CURIAM.

We affirm the judgment and sentence herein except in the following particular. At the sentencing hearing, the trial judge orally announced he was imposing costs in the amount of $249.50. However, the court’s written judgment ordered the defendant to pay a fine in the sum of $249.50.

■ Because the written judgment varies from the court’s oral pronouncement, we reverse the assessment of the fine and remand for further proceedings. Shaw v. State, 467 So.2d 1087 (Fla. 2d DCA 1985). Should the trial judge choose to reimpose costs to be added to the written judgment, appellant as an indigent must be given notice and an opportunity to be heard, pursuant to Jenkins v. State, 444 So.2d 947 (Fla.1984).

SCHEB, A.C.J., HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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511 So. 2d 751, 12 Fla. L. Weekly 2093, 1987 Fla. App. LEXIS 10038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coon-v-state-fladistctapp-1987.

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