Florida District Courts of Appeal, 1995

Scott v. State

Scott v. State
Florida District Courts of Appeal · Decided June 14, 1995 · Danahy, Parker, Whatley
656 So. 2d 568; 1995 Fla. App. LEXIS 6398; 1995 WL 353594 (Southern Reporter, Second Series)

Scott v. State

Opinion of the Court

WHATLEY, Judge.

The appellant, Michael Delano Scott, challenges his judgment and sentence for robbery with a firearm. We find merit only in his contention that the trial court erred in imposing a cost of $2.00 pursuant to section 943.25(13), Florida Statutes (1993), without announcing that cost at sentencing. That cost was a discretionary cost, which required notice and an opportunity to be heard. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Priest v. State, 20 Fla.L.Weekly 84, — So.2d-(Fla. 2d DCA Dec. 28, 1994); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). Since Scott was not given notice and an opportunity to be heard as to that cost, the $2.00 imposed pursuant to section 943.25(13) is hereby stricken. Scott’s judgment and sentence is otherwise affirmed.

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

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