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506 So. 2d 1068

506 So.2d 1068

12 Fla.L.Weekly 930

Docket No. 85-1948.

Brown v. State

Alphonso BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 1, 1987.

Rehearing Denied May 15, 1987.

District Court of Appeal of Florida · decided 1987-04-01

Key passage — most relied on by later courts

“proper statutory authority for assessing the $1,000 costs.”

quoted by 1 later decision, including 806 So. 2d 610 - IB v. State

Relies on 444 So. 2d 947 - Jenkins v. State · 478 So. 2d 1054 - State v. Jackson · State v. Mestas

Good law ✅— No negative treatment on recordhow we know

Decided 1987-04-01

How this case has been cited

Cited by 31 later decisions — most recently February 2002 · most notably 635 So. 2d 1032 - Sutton v. State (1994), Tennie v. State (1992)

31 state decisions

160198719902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1James Marion Moorman, Public Defender, and Steve Krosschell, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Theda R. James, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Appellant appeals the judgment and sentence resulting from his adjudication of guilty of living off the earnings of a prostitute in violation of section 796.05, Florida Statutes (1983). Appellant raises a number of points on appeal, only three of which we discuss.

¶5We have considered each of the issues presented by the appellant including his attack on the constitutionality of section 796.05, Florida Statutes (1983). His constitutional challenge is without merit. See Eaton v. State,481 So.2d 1254 (Fla. 3d DCA 1986). We affirm his conviction.

¶6We do find merit, however, in appellant's argument that the court erred in sentencing him. The sentencing guidelines recommended any nonstate prison sanction. The court instead sentenced appellant to two years' community control. The supreme court has recently held that where the guidelines recommendation is "any nonstate prison sanction," a sentence of community control constitutes a departure from the sentencing guidelines. State v. Mestas,507 So.2d 587 (Fla. 1987). Since there were no written reasons for departure, we reverse and remand for either correction of the sentence or entry of written reasons supporting the departure. State v. Jackson,478 So.2d 1054 (Fla. 1985); State v. Bruner,503 So.2d 457 (Fla. 2d DCA 1987).

¶7Appellant also correctly asserts that the court erred in imposing $1,000 costs without prior notice. Jenkins v. State,444 So.2d 947 (Fla. 1984). We, therefore, strike the costs without prejudice to the state seeking imposition of costs after appropriate notice and hearing. Dilla v. State,503 So.2d 1316 (Fla. 2d DCA 1987). In addition, the record reveals that the court failed to cite proper statutory authority for assessing the $1,000 costs. On remand if the court assesses costs, the court must cite proper statutory authority. See Allen v. State,508 So.2d 360 (Fla. 2d DCA 1987).

¶8We affirm the conviction and reverse the sentence. The assessment of costs is *1069 stricken. This matter is remanded to the trial court for further proceedings consistent with this opinion.

¶9FRANK, A.C.J., SANDERLIN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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