Richards v. State

District Court of Appeal of Florida

Richards v. State

584 So. 2d 157, 1991 Fla. App. LEXIS 7782, 1991 WL 150431

CourtDistrict Court of Appeal of Florida

DecidedAugust 9, 1991

DocketNo. 90-01051

StatusPublished

This text of 584 So. 2d 157 (Richards 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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Richards v. State, 584 So. 2d 157, 1991 Fla. App. LEXIS 7782, 1991 WL 150431 (Fla. Ct. App. 1991).

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Opinion

RYDER, Judge.

We reverse the appellant’s habitual offender sentences and remand for resen-tencing. In order to be sentenced as a habitual offender under section 775.084, Florida Statutes (1988), a defendant must have successive felony convictions. The appellant’s several felony convictions were rendered on the same date, and so they should have been treated as a single offense.¹ Walker v. State, 567 So.2d 546 (Fla. 2d DCA 1990).

Condition 11 of the order of probation requires appellant to not consume any alcohol, be in possession of alcohol, associate with persons who use alcohol, or frequent places where alcohol is the main source of business.² We strike these conditions on the authority of Edmunds v. State, 559 So.2d 415 (Fla. 2d DCA 1990).

Appellant also argues that he was not given notice or a hearing in connection with the trial court’s imposition of court costs and attorney’s fees. Richards had an opportunity to be heard at the sentencing hearing and raise any pertinent objections. Any determination of his ability to pay need be made only when the state seeks to enforce collection of the costs. State v. Beasley, 580 So.2d 139 (Fla.1991).

[158]*158Reversed and remanded for resentenc-ing.

SCHOONOVER, C.J., and PATTERSON, J., concur.

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RYDER, Judge.

We reverse the appellant’s habitual offender sentences and remand for resen-tencing. In order to be sentenced as a habitual offender under section 775.084, Florida Statutes (1988), a defendant must have successive felony convictions. The appellant’s several felony convictions were rendered on the same date, and so they should have been treated as a single offense.¹ Walker v. State, 567 So.2d 546 (Fla. 2d DCA 1990).

Condition 11 of the order of probation requires appellant to not consume any alcohol, be in possession of alcohol, associate with persons who use alcohol, or frequent places where alcohol is the main source of business.² We strike these conditions on the authority of Edmunds v. State, 559 So.2d 415 (Fla. 2d DCA 1990).

Appellant also argues that he was not given notice or a hearing in connection with the trial court’s imposition of court costs and attorney’s fees. Richards had an opportunity to be heard at the sentencing hearing and raise any pertinent objections. Any determination of his ability to pay need be made only when the state seeks to enforce collection of the costs. State v. Beasley, 580 So.2d 139 (Fla.1991).

[158]*158Reversed and remanded for resentenc-ing.

SCHOONOVER, C.J., and PATTERSON, J., concur.

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584 So. 2d 157, 1991 Fla. App. LEXIS 7782, 1991 WL 150431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-v-state-fladistctapp-1991.

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