Wyatt v. State

Appellant, Calvin Wyatt, appeals his judgment and sentences imposed for third degree murder and armed trespass. We affirm the judgment and sentences but strike the costs imposed against him as such costs were imposed without proper notice and an opportunity to be heard. The state may seek to reimpose such costs upon proper notice and an adequate opportunity for appellant to be heard.

Appellant challenges his departure sentence on the basis of Ree v. State, 565 So.2d 1329 (Fla.1990), in that the written reasons for departure were not offered until two weeks after the sentencing hearing. At the…