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553 So. 2d 257

553 So.2d 257

14 Fla.L.Weekly 2718

Tarver v. State

District Court of Appeal of Florida

Decided November 22, 1989

District Court of Appeal of Florida · decided 1989-11-22

Cited by 1 later decisions — most recently January 1996

1 state decisions

Relies on 471 So. 2d 38 - The Florida Bar in Re Inglis · 544 So. 2d 1004 - Wood v. State · 461 So. 2d 1361 - Davis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-22

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HALL, Judge.

¶1Johnny Tarver appeals from his judgment and sentence for battery on a school board employee. The appellant alleges that the trial court erred by failing to obtain a sentencing guidelines scoresheet pri- or to sentencing and by imposing costs upon him without prior notice or hearing.

¶2Although no guidelines scoresheet was filed, it appears from the transcript of the sentencing hearing that a scoresheet was prepared and reviewed by the appellant. No objections were voiced by the defense and a legal sentence was imposed pursuant to a negotiated plea agreement. Because the trial court was informed of the proper presumptive guidelines sentence, the failure to file the scoresheet itself is harmless error. Davis v. State, 461 So.2d 1361 (Fla. 2d DCA), review denied, 471 So.2d 43 (Fla.1985).

¶3We agree, however, and the state concedes, that the trial court erred in imposing $250 in court costs upon the indigent appellant without prior notice. Henriquez v. State, 545 So.2d 1340 (Fla.1989); Wood v. State, 544 So.2d 1004 (Fla.1989). Therefore, we strike the costs without prejudice to the state to seek reimposition of the costs after proper notice.

DANAHY, A.C.J., and PATTERSON, J., concur.
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