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524 So. 2d 1165

524 So.2d 1165

13 Fla.L.Weekly 1229

Daniels v. State

District Court of Appeal of Florida · decided 1988-05-18

Cited by 2 later decisions — most recently April 1991

2 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · 515 So. 2d 227 - Phillips v. Dugger · 506 So. 2d 1068 - Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-18

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PER CURIAM.

¶1The appellant, Melvin Daniels, challenges the judgment entered and the sentences imposed after he was found guilty of resisting or obstructing an officer with violence and battery on a police officer. We affirm the appellant’s convictions and sentences but strike the fine and costs imposed.

¶2Of the points the appellant raised on this appeal, we find merit only in his contention that the trial court erred by orally imposing a $500 fine and $226 in costs upon him without providing any statutory authority for the imposition of either the fine or costs. We, therefore, strike the fine and costs without prejudice to the trial court’s ability to reimpose them after complying with the notice and hearing requirements of Jenkins v. State, 444 So.2d 947 (Fla.1984). If the trial court again imposes a fine and costs, it should provide statutory authority under which each amount is imposed. See Brown v. State, 506 So.2d 1068 (Fla. 2d DCA), petition for review denied, 515 So.2d 229 (1987). We affirm the trial court in all other respects.

¶3Affirmed in part, reversed in part.

SCHEB, A.C.J., and SCHOONOVER and PARKER, JJ., concur.
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