Key v. State
Key v. State
Opinion of the Court
Key appeals from her judgment and sentences for possession of cocaine with intent to sell and sale of cocaine predicated upon a single act.
We further find error in the trial court’s imposition of court costs at the sentencing hearing without providing any statutory authority for the costs. Aultman v. State, 515 So.2d 391 (Fla. 2d DCA 1987). Such statutory support is also not included in the written judgment. Under these circumstances, the indigent defendant was not provided the required notice under Jenkins v. State, 444 So.2d 947 (Fla. 1984), and opportunity to be heard and object. Ault-man.
Lastly, as conceded by the state, the sentencing judge orally imposed a lien for attorney’s fees in the amount of $350 while the judgment reflects a $355 lien for attorney’s fees. The judgment should, therefore, be corrected to conform with the trial court’s pronouncement.
Accordingly, we remand the case to the trial court for proceedings in conformity with this opinion.
Affirmed in part; vacated in part; remanded.
. The factual circumstances surrounding this case involved an exchange, whereby Key transferred two pieces of rock cocaine to undercover police officers and in return received fifty dollars.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.