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Morris v. State

District Court of Appeal of Florida, Fifth District
Sep 20, 1994
642 So. 2d 586 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1694.

August 19, 1994. Rehearing Denied September 20, 1994.

Appeal from the Circuit Court for Volusia County; Uriel Blount, Jr., Senior Judge.

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


We affirm Stephen Marco Morris's convictions and sentences for two counts of dealing in stolen property; however, we reverse the imposition of a special condition of Morris's probation which required him to pay $60 to First Step of Volusia County because this condition was not orally pronounced at sentencing, see Shaddix v. State, 599 So.2d 269 (Fla. 1st DCA 1992), and because the trial court failed to reference the statutory authority for the imposition of such costs. See Gedeon v. State, 636 So.2d 178 (Fla. 5th DCA 1994); Thomas v. State, 633 So.2d 1122 (Fla. 5th DCA 1994), rev. denied, 640 So.2d 1109 (Fla. 1994). This reversal is without prejudice to the state to seek reimposition of such costs after Morris has been given adequate notice and opportunity to be heard on the matter. See Williams v. State, 580 So.2d 326 (Fla. 5th DCA 1991). If the trial court does reimpose such costs on remand, the trial court shall reference the statutory authority for the imposition of such costs.

AFFIRMED in part; REVERSED in part; REMANDED.

HARRIS, C.J., and PETERSON, J., concur.


Summaries of

Morris v. State

District Court of Appeal of Florida, Fifth District
Sep 20, 1994
642 So. 2d 586 (Fla. Dist. Ct. App. 1994)
Case details for

Morris v. State

Case Details

Full title:STEPHEN MARCO MORRIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 20, 1994

Citations

642 So. 2d 586 (Fla. Dist. Ct. App. 1994)

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