ELISCO MEZA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm appellant’s convictions of armed kidnapping, armed sexual battery, armed burglary of a dwelling and burglary of a conveyance. We also affirm the sentence imposed for Count IV, armed burglary of a dwelling. The state concedes error in sentencing on Counts I, II, III and V. We agree and reverse for resentencing on these counts.
We also strike the imposition of costs and attorney’s fees for failure to give the appellant notice and an opportunity to be heard. Shipley v. State, 528 So. 2d 902 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984).
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, C.J., and GUNTHER and POLEN, JJ., concur.
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State v. Herrin, 555 So. 2d 1288 (Fla. 2d DCA 1990)…505 So. 2d 413 (Fla.1987). (Emphasis added). I recognize that there are other district court of appeal opinions which cite Barbera and appear to rely simply upon drug dependency as a sufficient reason for a downward departure. See State v. Martin, 551 So. 2d 600 (Fla. 4th DCA 1989); State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988); State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988). However, those opinions do not reflect whether or not the mental faculties…
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State v. Salley, 601 So. 2d 309 (Fla. 4th DCA 1992)…nds that there was no written reason for departure, but there is in the record a court status form which shows the charges, the notation of “Barbera Plea”, and the sentence imposed. It is signed by the judge. We have already held in State v. Martin, 551 So. 2d 600 (Fla. 4th DCA 1989) that “Barbera decision” written on the sentencing scoresheet in the space entitled “reasons for departure” was a sufficient writing without the necessity of separate order. Given the plea colloquy in this case which reinforces th…
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State v. Burgos, 613 So. 2d 588 (Fla. 4th DCA 1993)…imposition of a downward departure sentence pursuant to Barbera was justified.1 We further conclude that the state’s additional contention that the trial court did not provide written reasons for downward departure is meritless. See State v. Martin, 551 So. 2d 600 (Fla. 4th DCA 1989); Jordan v. State, 562 So. 2d 820 (Fla. 4th DCA), rev. denied, 569 So. 2d 1279 (Fla.1990); Torres-Arboledo v. State, 524 So. 2d 403 (Fla.), cert. denied, 488 U.S. 901, 109 S.Ct. 250, 102 L.Ed.2d 239 (1988). The state correctly ar…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Shipley v. State, 528 So. 2d 902 (Fla. 1988)