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Aultman v. State

District Court of Appeal of Florida, Second District
Nov 13, 1987
515 So. 2d 391 (Fla. Dist. Ct. App. 1987)

Summary

In Aultman v. State, 515 So.2d 391 (Fla. 2d DCA 1987), we held that the trial court's failure to announce the statutory authority for the imposition of costs did not provide the defendant an adequate notice and opportunity to object to those costs.

Summary of this case from Gloster v. State

Opinion

No. 86-1610.

November 13, 1987.

Appeal from the Circuit Court, Hillsborough County, Guy W. Spicola, J.

James Marion Moorman, Public Defender, and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.


The appellant, Joyce A. Aultman, appeals an order placing her on community control and imposing certain costs as a condition thereof. We affirm the trial court's adjudication of guilt as well as the sentence imposed. We find, however, that the trial court erred in assessing certain costs against the appellant and, accordingly, strike those costs.

Following a nonjury trial, the trial court found the appellant guilty as charged of second degree grand theft and sentenced her to two years of community control. Among the conditions of the appellant's community control, the trial court orally announced that the appellant was to pay "$100 in costs of prosecution," "$250 to the Court Improvement Fund," and "$125 in court costs." The written order placing the appellant on community control and setting forth the conditions of community control failed to include the $125 in court costs. The trial court did not provide any statutory authority for its imposition of the various costs on this indigent defendant either in its oral pronouncement of the costs or in the written order. We do not consider that the court's oral pronouncement provided adequate notice or opportunity to be heard, see Jenkins v. State, 444 So.2d 947 (Fla. 1984), or even to object, when the pronouncement included no statutory authority for any of the three assessments. We, therefore, strike the costs without prejudice to the costs being reassessed after appropriate notice and hearing and the citation of proper statutory authority. See Allen v. State, 508 So.2d 360 (Fla.2d DCA 1987); Brown v. State, 506 So.2d 1068 (Fla.2d DCA 1987).

If the costs are reassessed, the trial court is cautioned that its written order must conform to its oral pronouncement. See Shaw v. State, 467 So.2d 1087 (Fla.2d DCA 1985).

The order placing the appellant on community control is affirmed in all other respects.

Affirmed in part, reversed in part.

CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.


Summaries of

Aultman v. State

District Court of Appeal of Florida, Second District
Nov 13, 1987
515 So. 2d 391 (Fla. Dist. Ct. App. 1987)

In Aultman v. State, 515 So.2d 391 (Fla. 2d DCA 1987), we held that the trial court's failure to announce the statutory authority for the imposition of costs did not provide the defendant an adequate notice and opportunity to object to those costs.

Summary of this case from Gloster v. State
Case details for

Aultman v. State

Case Details

Full title:JOYCE A. AULTMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 13, 1987

Citations

515 So. 2d 391 (Fla. Dist. Ct. App. 1987)

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