Legal Opinion

Raulerson v. State

District Court of Appeal of Florida

Decided June 13, 1989No. 88-2101PublishedCited by 3 opinions

1Opinion of the Court

ERVIN, Judge.

We affirm appellant’s judgment and sentence for sale or delivery of cannabis. Cruz v. State, 465 So.2d 516 (Fla.1985); § 90.803(21), Fla.Stat. (1987).

However, we reverse that portion of the sentence which imposes costs upon the appellant, because costs were imposed without notice to him, and without a hearing on the matter.

“It is well settled that before costs may be assessed pursuant to sections 960.20, 943.25, and 27.3455, the state must provide a defendant with adequate notice and an opportunity to object to the assessment.” Moore v. State, 530 So.2d 61, 64 (Fla. 1st DCA…

2Cases cited4 opinions

  1. Mays v. StateSupreme Court of Florida · 1988
  2. Cruz v. StateSupreme Court of Florida · 1985
  3. Harriel v. StateSupreme Court of Florida · 1988
  4. Moore v. StateDistrict Court of Appeal of Florida · 1988

3Cited by3 opinions

  1. Ward v. StateDistrict Court of Appeal of Florida · 1990
  2. Collins v. StateDistrict Court of Appeal of Florida · 1989
  3. Ellison v. StateDistrict Court of Appeal of Florida · 1989

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