Wood v. State, 86-3312
| Decision Date | 05 February 1988 |
| Docket Number | No. 86-3312,86-3312 |
| Citation | 519 So.2d 730,13 Fla. L. Weekly 353 |
| Parties | 13 Fla. L. Weekly 353 Timothy Michael WOOD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge.
James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Assistant Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellee.
Affirmed. Henriquez v. State, 513 So.2d 1285 (Fla. 2d DCA 1987). Because appellant's issue concerning court costs has recently been decided adversely to him, Barker v. State, 518 So.2d 450 (Fla. 2d DCA 1988), wherein we certified a question of great public importance to our supreme court, we certify the same question in this case.
Since Henriquez supports the result reached herein and is the law of this district on an indigent defendant's right to appeal the imposition of costs where he failed to object when the trial court orally pronounced its intention to impose costs, I concur. Based upon my understanding of Jenkins v. State, 444 So.2d 947 (Fla.1984), however, I incorporate by reference my specially concurring opinion in Barker.
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Henriquez v. State
...objection is required to preserve Jenkins error for appeal. Barker v. State, 518 So.2d 450 (Fla. 2d DCA 1988); Wood v. State, 519 So.2d 730 (Fla. 2d DCA 1988). * We have accepted jurisdiction in Wood and we have answered the certified question in the negative, holding that a contemporaneous......
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Wood v. State
...Atty. Gen., Tampa, for respondent. PER CURIAM. We have for review the opinion of the Second District Court of Appeal in Wood v. State, 519 So.2d 730 (Fla. 2d DCA 1988). The court in that case certified to this Court the same question it had certified in Barker v. State, 518 So.2d 450 (Fla. ......