State v. Bennington

District Court of Appeal of Florida

State v. Bennington

384 So. 2d 42, 1980 Fla. App. LEXIS 16207

CourtDistrict Court of Appeal of Florida

DecidedMay 21, 1980

DocketNo. 79-1892

StatusPublished

Cited by2 cases

This text of 384 So. 2d 42 (State v. Bennington) 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

State v. Bennington, 384 So. 2d 42, 1980 Fla. App. LEXIS 16207 (Fla. Ct. App. 1980).

Pincite

Opinion

PER CURIAM.

The State appeals the denial of its oral motion to tax costs against the appellee [43]*43made pursuant to Section 939.01, Florida Statutes (1977). We affirm.

Upon proper motion, Section 939.01 requires the court to include the appropriate costs of prosecution in a judgment rendered against a convicted person. However, the defendant is entitled to prior notice and an opportunity to prepare and be heard on the issue. Cf. Reeves v. State, 372 So.2d 1016 (Fla. 2nd DCA 1979) (probationer entitled to notice prior to imposing condition of restitution). Due process requires the motion to be in writing and served on the defendant a reasonable time before the hearing on the motion. Fla.R.Crim.P. 3.060.

The failure of the State to file a written motion, giving the defendant an opportunity to prepare and be heard concerning the motion deprived the defendant of procedural due process. Accordingly, the trial court correctly denied the motion.

AFFIRMED.

MOORE, GLICKSTEIN and HURLEY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The State appeals the denial of its oral motion to tax costs against the appellee [43]*43made pursuant to Section 939.01, Florida Statutes (1977). We affirm.

Upon proper motion, Section 939.01 requires the court to include the appropriate costs of prosecution in a judgment rendered against a convicted person. However, the defendant is entitled to prior notice and an opportunity to prepare and be heard on the issue. Cf. Reeves v. State, 372 So.2d 1016 (Fla. 2nd DCA 1979) (probationer entitled to notice prior to imposing condition of restitution). Due process requires the motion to be in writing and served on the defendant a reasonable time before the hearing on the motion. Fla.R.Crim.P. 3.060.

The failure of the State to file a written motion, giving the defendant an opportunity to prepare and be heard concerning the motion deprived the defendant of procedural due process. Accordingly, the trial court correctly denied the motion.

AFFIRMED.

MOORE, GLICKSTEIN and HURLEY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

384 So. 2d 42, 1980 Fla. App. LEXIS 16207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bennington-fladistctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack