Florida District Courts of Appeal, 1987

Coon v. State

Coon v. State
Florida District Courts of Appeal · Decided August 28, 1987 · Boardman, Edward, Hall, Ret, Scheb
511 So. 2d 751; 12 Fla. L. Weekly 2093; 1987 Fla. App. LEXIS 10038 (Southern Reporter, Second Series)

Coon v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment and sentence herein except in the following particular. At the sentencing hearing, the trial judge orally announced he was imposing costs in the amount of $249.50. However, the court’s written judgment ordered the defendant to pay a fine in the sum of $249.50.

■ Because the written judgment varies from the court’s oral pronouncement, we reverse the assessment of the fine and remand for further proceedings. Shaw v. State, 467 So.2d 1087 (Fla. 2d DCA 1985). Should the trial judge choose to reimpose costs to be added to the written judgment, appellant as an indigent must be given notice and an opportunity to be heard, pursuant to Jenkins v. State, 444 So.2d 947 (Fla. 1984).

SCHEB, A.C.J., HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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