Culmer v. State

District Court of Appeal of Florida

Culmer v. State

707 So. 2d 1202, 1998 Fla. App. LEXIS 3868, 1998 WL 171518

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1998

DocketNo. 97-2261

StatusPublished

This text of 707 So. 2d 1202 (Culmer 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

Culmer v. State, 707 So. 2d 1202, 1998 Fla. App. LEXIS 3868, 1998 WL 171518 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We affirm appellant’s conviction, but reverse the imposition of prosecution costs imposed without notice or hearing. Appellee, state, has properly conceded it was error to impose these costs, and further, that the written sentence must be remanded to include the length of the sentence, in conformity with the court’s oral pronouncement of 12 months’ incarceration. The reversal of the costs is without prejudice to the state to request the trial court to consider such costs upon notice and hearing.

DELL, POLEN and STEVENSON, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction, but reverse the imposition of prosecution costs imposed without notice or hearing. Appellee, state, has properly conceded it was error to impose these costs, and further, that the written sentence must be remanded to include the length of the sentence, in conformity with the court’s oral pronouncement of 12 months’ incarceration. The reversal of the costs is without prejudice to the state to request the trial court to consider such costs upon notice and hearing.

DELL, POLEN and STEVENSON, JJ., concur.

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Bluebook (online)

707 So. 2d 1202, 1998 Fla. App. LEXIS 3868, 1998 WL 171518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culmer-v-state-fladistctapp-1998.