Priest v. State

District Court of Appeal of Florida

Priest v. State

661 So. 2d 29, 1994 Fla. App. LEXIS 12598, 1994 WL 714440

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1994

DocketNo. 93-04353

StatusPublished

Cited by2 cases

This text of 661 So. 2d 29 (Priest 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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Priest v. State, 661 So. 2d 29, 1994 Fla. App. LEXIS 12598, 1994 WL 714440 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

The defendant, Herman Dejong Priest, appeals his judgment and sentence for robbery with a weapon.¹ We find merit only in his contention that the trial court erred in imposing costs without notice and an opportunity to be heard. Accordingly, we strike the $2 discretionary costs imposed pursuant to section 943.25(13), Florida Statutes (1993). See Sutton v. State, 635 So.2d 1032, 1033 (Fla. 2d DCA 1994) (discretionary costs “cannot be imposed unless a defendant is given notice and an opportunity to be heard, and the [30]*30record recites the statutory authority for their imposition”).

Reversed.

DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.

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PER CURIAM.

The defendant, Herman Dejong Priest, appeals his judgment and sentence for robbery with a weapon.¹ We find merit only in his contention that the trial court erred in imposing costs without notice and an opportunity to be heard. Accordingly, we strike the $2 discretionary costs imposed pursuant to section 943.25(13), Florida Statutes (1993). See Sutton v. State, 635 So.2d 1032, 1033 (Fla. 2d DCA 1994) (discretionary costs “cannot be imposed unless a defendant is given notice and an opportunity to be heard, and the [30]*30record recites the statutory authority for their imposition”).

Reversed.

DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.

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661 So. 2d 29, 1994 Fla. App. LEXIS 12598, 1994 WL 714440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/priest-v-state-fladistctapp-1994.

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