Public-domain · open source
OpenJurist

559 So. 2d 1308

Lundy v. State

District Court of Appeal of Florida · decided 1990-05-04

Cited by 4 later decisions — most recently October 1990

4 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · LaBranche v. United States Olympic Committee · 519 So. 2d 618 - Mays v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-05-04

View the full empirical analysis of this case →

CAMPBELL, Chief Judge.

¶1Appellant, Richard D. Lundy, appeals his judgment and sentence resulting from his conviction for grand theft. We find no error in regard to his conviction and, therefore, affirm his conviction and sentence, with the exception of costs imposed.

¶2We do find, however, that the trial judge erred in imposing costs without affording appellant his due process rights of notice and an opportunity to be heard in regard to the imposition of those costs. Mays v. State, 519 So.2d 618 (Fla.1988); Jenkins v. State, 444 So.2d 947 (Fla.1984). We decline to readdress and certify this due process issue to the Florida Supreme Court for reconsideration in light of recent federal decisions on this question. See United States v. Cooper, 870 F.2d 586 (11th Cir.1989); United States v. Rivera-Velez, 839 F.2d 8 (1st Cir.1988); United States v. Pagan, 785 F.2d 378 (2d Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986). We find the Florida Supreme Court’s decision in Jenkinsand its progeny to be unequivocal and not the proper subject of a renewed certification from this court.

¶3We, therefore, strike the imposition of costs and remand to the trial court, which may reimpose costs if the appropriate notice and opportunity to be heard is afforded appellant.

RYDER and PATTERSON, JJ., concur.
/559/so2d/1308 · .json · Public domain