Florida District Courts of Appeal, 1995

Drakes v. State

Florida District Courts of Appeal · Decided June 14, 1995 · Danahy, Parker, Whatley

656 So. 2d 569; 1995 Fla. App. LEXIS 6395; 1995 WL 353641 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Bryant v. State (Fla. Dist. Ct. App. 1995)
Doe v. Young (Fla. Dist. Ct. App. 1995)

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

WHATLEY, Judge.

The appellant, Chesterfield Drakes, challenges his judgment and sentence for aggravated battery. 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 Drakes 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. Drakes’ judgment and sentence is otherwise affirmed.

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

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