FREDRICK LLOYD MORGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant/appellant Morgan raises two questions on appeal, that is, whether the trial court erred in departing from the recommended guidelines sentence and whether the trial court erred in imposing costs.
The departure sentence is affirmed on the authority of Roseman v. State, 519 So. 2d 1129 (Fla. 5th DCA 1988).
On the point raised by the appellant concerning the imposition of costs, this court has been governed by Jones v. State, 513 So. 2d 732 (Fla. 5th DCA 1987). Jones has now been superseded by Harriel v. State, 520 So. 2d 271 (Fla.1988) and Mays v. State, 519 So. 2d 618 (Fla.1988). See also Morris v. State, 524 So. 2d 494 (Fla. 5th DCA 1988).
Pursuant to these recent decisions, we quash the imposition of costs below and remand for assessment of costs after notice and hearing in accordance with Harriet and Mays.
AFFIRMED in part; REVERSED in part; REMANDED.
SHARP, C.J., and DAUKSCH, ORFINGER, COBB, COWART and DANIEL, JJ., concur.
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Clark v. State, 560 So. 2d 264 (Fla. 5th DCA 1990)…impose costs against him without notice or an opportunity to be heard. Appellee concedes that it was error under the cases cited by appellant. Harriet v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988); Morris v. State, 524 So. 2d 494 (Fla. 5th DCA 1988). However, says the state, we should recede from Morgan and Morris and issue an opinion in conflict with Harriet and Mays. In support of its position the state cites United Stat…
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Singletary v. State, 530 So. 2d 460 (Fla. 5th DCA 1988)…ken. We vacate the imposition of costs which were assessed without notice or an opportunity to object. Hamel v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988). We also vacate that portion of the probation order requiring defendant to make restitution of $238 and imposing a public defender’s lien of $400, because defendant was entitled to a hearing on the amount of restitution to be ord…
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Camp v. State, 536 So. 2d 369 (Fla. 5th DCA 1988)…r failure to pay the costs. See Jones v. State, 518 So. 2d 732 (Fla. 5th DCA 1987). However, Jones v. State, supra, has been superseded by Harriet v. State, 520 So. 2d 271 (Fla.1988) and Mays v. State, 519 So. 2d 618 (Fla.1988). See Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988). Therefore, the court costs are stricken and the case is remanded for the trial court at its own discretion to assess costs as a condition of probation after proper notice and a hearing. In all other respects, the orders of proba…
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- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Harriel v. State, 520 So. 2d 271 (Fla. 1988)
- Isiah Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987)
- Morris v. State, 524 So. 2d 494 (Fla. 5th DCA 1988)
- Roseman v. State, 519 So. 2d 1129 (Fla. 5th DCA 1988)