TORREN DENNIS
v.
STATE OF FLORIDA
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Cost assessments under Florida Statutes sections 938.27(8) and 938.29(1)(a) that exceed the $100 mandatory minimum must be imposed only after notice to the defendant and an opportunity to be heard.
[1] Cost assessments under Florida Statutes sections 938.27(8) and 938.29(1)(a) that exceed the mandatory minimum of $100 must be imposed only after the trial court provides…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“each exceeds the $100 mandatory minimum assessments under these statutes and was imposed without notice to Appellant that the court intended to assess more than the statutory-minimum amounts”
Explanation for striking the cost assessments
Torren Dennis was convicted in two cases in St. Johns County Circuit Court. In case number 2016-CF-1138, the trial court imposed a $200 charge for cos…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TORREN DENNIS,
Appellant,
v. Case No. 5D19-3499
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed August 28, 2020
Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.
Eddie J. Bell, of Law Office of Eddie J. Bell, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
In this Anders1 appeal, we affirm, without further discussion, the judgments and sentences imposed upon Appellant by the trial court in two cases below, with one exception. In case number 2016-CF-1138, we strike, without prejudice, the $200 charge
Accordingly, we remand for the trial court either to enter an amended cost judgment that imposes the mandatory minimum $100 cost of prosecution and $100 indigency defense cost under these two statutes or, if the court intends to impose more than the $100 minimum assessments, to hold an evidentiary hearing with proper notice to Appellant that provides him with the opportunity to be heard on this issue. See id. at 326.
AFFIRMED; REMANDED with directions.
COHEN, LAMBERT, and SASSO, JJ., concur.
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Chivese v. State, 295 So. 3d 324 (Fla. 5th DCA 2020)