Florida District Courts of Appeal, 1989

Simmons v. State

Simmons v. State
Florida District Courts of Appeal · Decided December 27, 1989 · Danahy, Hall, Lehan
554 So. 2d 28; 1989 Fla. App. LEXIS 7372; 1989 WL 156218 (Southern Reporter, Second Series)

Simmons v. State

Opinion of the Court

HALL, Judge.

We find merit only in Simmons’ second point on appeal. Simmons was given no notice and opportunity to object to the imposition of court costs, Jenkins v. State, 444 So.2d 947 (Fla. 1984), or to the conditions of his probation, Boatright v. State, 549 So.2d 1173 (Fla.2d DCA 1989).

Accordingly, we reverse the order placing Simmons on probation and remand this cause for resentencing with directions consistent herewith.

Reversed and remanded.

DANAHY, A.C.J., and LEHAN, J., concur.

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