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525 So. 2d 498

Docket No. 87-1185.

Hollis v. State

Yvonne I. HOLLIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1988-05-26

Cited by 5 later decisions — most recently May 2005

5 state decisions

Relies on 519 So. 2d 618 - Mays v. State · Harriel v. State · DHRS v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-26

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¶1*499 James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3SHARP, Chief Judge.

¶4Hollis appeals her ten-year sentence entered in accordance with her negotiated plea. We quash the imposition of costs, requiring notice and opportunity to be heard pursuant to Harriel v. State,520 So.2d 271 (Fla. 1988) and Mays v. State,519 So.2d 618 (Fla. 1988). Accordingly, we are no longer of the opinion that "this type of error will not be considered until it has been first submitted to the trial court for correction." Reynolds v. State,516 So.2d 1094, 1095 (Fla. 5th DCA 1987).

¶5In addition, we strike the trial court's imposition of community service in lieu of $200.00 in costs, pursuant to section 27.3455(1), Florida Statutes (1987). Before Hollis was sentenced, that portion of the statute was repealed by the legislature. See Sims v. State,520 So.2d 675 (Fla. 5th DCA 1988); Hill v. State,517 So.2d 784 (Fla. 5th DCA 1988); Hansley v. State,514 So.2d 1135 (Fla. 5th DCA 1987).

¶6AFFIRM SENTENCE AS MODIFIED.

¶7DAUKSCH and COBB, JJ., concur.

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