Florida District Courts of Appeal, 1989

Hernandez v. State

Hernandez v. State
Florida District Courts of Appeal · Decided June 14, 1989 · Dell, Glickstein, Hersey
547 So. 2d 195; 14 Fla. L. Weekly 1424; 1989 Fla. App. LEXIS 3311; 1989 WL 62400 (Southern Reporter, Second Series)

Hernandez v. State

Opinion of the Court

PER CURIAM.

Appellant raises three points on appeal. While we conclude the first point to be without merit, we find merit in the others.

The trial court, in our view, did not adequately address each of the statutory criteria for imposing adult sanctions, as required by section 39.111(7)(c), Florida Statutes (1987). See Leonard v. State, 522 So.2d 543 (Fla. 4th DCA 1988) and cases cited therein. Furthermore, as the state concedes, the trial court imposed $200 in court costs without prior notice to the defendant and an opportunity for him to be heard. See Mays v. State, 519 So.2d 618 (Fla. 1988). Accordingly, we vacate the imposition of costs and adult sanctions and remand with directions to proceed in accordance with Leonard and Mays.

HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.

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