Drakes v. State

District Court of Appeal of Florida

Drakes v. State

656 So. 2d 569, 1995 Fla. App. LEXIS 6395, 1995 WL 353641

CourtDistrict Court of Appeal of Florida

DecidedJune 14, 1995

DocketNo. 94-01767

StatusPublished

Cited by2 cases

This text of 656 So. 2d 569 (Drakes 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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Drakes v. State, 656 So. 2d 569, 1995 Fla. App. LEXIS 6395, 1995 WL 353641 (Fla. Ct. App. 1995).

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Opinion

WHATLEY, Judge.

The appellant, Chesterfield Drakes, challenges his judgment and sentence for aggravated battery. We find merit only in his contention that the trial court erred in imposing a cost of $2.00 pursuant to section 943.25(13), Florida Statutes (1993), without announcing that cost at sentencing. That cost was a discretionary cost, which required notice and an opportunity to be heard. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Priest v. State, 20 Fla. L. Weekly 84, — So.2d-(Fla. 2d DCA Dec. 28, 1994); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). Since Drakes was not given notice and an opportunity to be heard as to that cost, the $2.00 imposed pursuant to section 943.25(13) is hereby stricken. Drakes’ judgment and sentence is otherwise affirmed.

DANAHY, A.C.J., and PARKER, J., concur.

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WHATLEY, Judge.

The appellant, Chesterfield Drakes, challenges his judgment and sentence for aggravated battery. We find merit only in his contention that the trial court erred in imposing a cost of $2.00 pursuant to section 943.25(13), Florida Statutes (1993), without announcing that cost at sentencing. That cost was a discretionary cost, which required notice and an opportunity to be heard. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Priest v. State, 20 Fla. L. Weekly 84, — So.2d-(Fla. 2d DCA Dec. 28, 1994); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). Since Drakes was not given notice and an opportunity to be heard as to that cost, the $2.00 imposed pursuant to section 943.25(13) is hereby stricken. Drakes’ judgment and sentence is otherwise affirmed.

DANAHY, A.C.J., and PARKER, J., concur.

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656 So. 2d 569, 1995 Fla. App. LEXIS 6395, 1995 WL 353641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drakes-v-state-fladistctapp-1995.

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