Florida District Courts of Appeal, 1990

Lee v. State

Florida District Courts of Appeal · Decided June 28, 1990 · Daniel, Dauksch, Harris

562 So. 2d 865; 1990 Fla. App. LEXIS 4567; 1990 WL 86936 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Bayer v. State (Fla. Dist. Ct. App. 1992)
Small v. State (Fla. Dist. Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DANIEL, Chief Judge.

The order adjudicating the defendant guilty and placing him on probation for grand theft of an automobile is affirmed. However, we strike the portion of the probation order requiring the defendant to pay $500 in restitution to the victims.1 See State v. Williams, 520 So.2d 276 (Fla. 1988). We also vacate the imposition of costs which were assessed without notice and opportunity to object. Harriel v. State, 520 So.2d 271 (Fla. 1988); Mays v. State, 519 So.2d 618 (Fla. 1988); Holmes v. State, 547 So.2d 695 (Fla. 5th DCA 1989). On remand, the court may reconsider imposing costs after proper notice and hearing.

AFFIRMED in part; VACATED in part and REMANDED.

DAUKSCH and HARRIS, JJ., concur.

. This $500 represents the cash allegedly taken from the victims’ home at the time their car was stolen,

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