Streams v. State

District Court of Appeal of Florida

Streams v. State

690 So. 2d 736, 1997 Fla. App. LEXIS 3140, 1997 WL 149408

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 1997

DocketNo. 96-1642

StatusPublished

Cited by1 cases

This text of 690 So. 2d 736 (Streams 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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Streams v. State, 690 So. 2d 736, 1997 Fla. App. LEXIS 3140, 1997 WL 149408 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Appellant, Raymond Streams, appeals his conviction and sentence for robbery. We affirm both his conviction and sentence, but reverse the imposition of court costs and remand for further proceedings.

At sentencing, without any prior notice, the trial court imposed court costs of $295 and prosecution costs of $50 on Appellant. The trial judge did not cite to any statutory authority to support such an imposition. Moreover, the written judgment did not reflect that any assessments of costs had been made.

Since the record does not specify the statutory authority for imposing the costs, we strike the costs imposed on Appellant. Sutton v. State, 635 So.2d 1032, 1033 (Fla. 2d DCA 1994); Jackson v. State, 529 So.2d 320, 321 (Fla. 2d DCA 1988). On remand, however, the State may seek reassessment of such costs. Sutton, 635 So.2d at 1033. The statutorily mandated court costs may be sought by providing the proper statutory authority to support the cost assessment. Id. For imposing prosecution costs, which is discretionary, the State must provide Appellant with notice, an opportunity to be heard, and the statutory authority upon which such costs are based. Id.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

GUNTHER, C.J., and GLICKSTEIN and DELL, JJ., concur.

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PER CURIAM.

Appellant, Raymond Streams, appeals his conviction and sentence for robbery. We affirm both his conviction and sentence, but reverse the imposition of court costs and remand for further proceedings.

At sentencing, without any prior notice, the trial court imposed court costs of $295 and prosecution costs of $50 on Appellant. The trial judge did not cite to any statutory authority to support such an imposition. Moreover, the written judgment did not reflect that any assessments of costs had been made.

Since the record does not specify the statutory authority for imposing the costs, we strike the costs imposed on Appellant. Sutton v. State, 635 So.2d 1032, 1033 (Fla. 2d DCA 1994); Jackson v. State, 529 So.2d 320, 321 (Fla. 2d DCA 1988). On remand, however, the State may seek reassessment of such costs. Sutton, 635 So.2d at 1033. The statutorily mandated court costs may be sought by providing the proper statutory authority to support the cost assessment. Id. For imposing prosecution costs, which is discretionary, the State must provide Appellant with notice, an opportunity to be heard, and the statutory authority upon which such costs are based. Id.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

GUNTHER, C.J., and GLICKSTEIN and DELL, JJ., concur.

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690 So. 2d 736, 1997 Fla. App. LEXIS 3140, 1997 WL 149408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/streams-v-state-fladistctapp-1997.

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