From Casetext: Smarter Legal Research

Gomez v. State

District Court of Appeal of Florida, Fourth District
Dec 18, 1996
684 So. 2d 879 (Fla. Dist. Ct. App. 1996)

Opinion

Case Nos. 96-0296 and 96-0297

Opinion filed December 18, 1996

Consolidated appeals from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Edward F. Miller, Judge; L.T. Case Nos. 95-490-CFA and 95-495-CFA.

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.


Escras Gomez pled guilty to aggravated assault with a deadly weapon, driving without a valid license and grand theft. Gomez raises three points on appeal. We have considered all three points, but only remand for the trial court to correct the judgment so that it correctly indicates that the conviction for driving without a valid license is a civil infraction rather than a first degree misdemeanor.

Notwithstanding the state's concession of error we affirm the requirement that Gomez pay investigative costs and $50.00 to the crimes compensation fund as conditions of probation, because there were no objections to the imposition of these costs when they were imposed. See Holmes v. State, 658 So.2d 1185 (Fla. 4th DCA 1995) (defendant represented by counsel may not sit idly by in open court while fees or costs are improperly assessed by the trial judge, fail to raise any objection whatsoever to imposition of those improper costs, and then argue on appeal that the trial court committed reversible error in imposing them).

FARMER and PARIENTE, JJ., concur.


Summaries of

Gomez v. State

District Court of Appeal of Florida, Fourth District
Dec 18, 1996
684 So. 2d 879 (Fla. Dist. Ct. App. 1996)
Case details for

Gomez v. State

Case Details

Full title:ESCRAS GOMEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 18, 1996

Citations

684 So. 2d 879 (Fla. Dist. Ct. App. 1996)

Citing Cases

Reed v. State

In fact, it has been the sound practice of Florida's courts to not accept improper concessions by the state.…