Narrative Opinion Summary
Simmons' appeal was deemed meritorious regarding the lack of notice and opportunity to object to the imposition of court costs and the conditions of his probation, citing relevant case law (Jenkins v. State and Boatright v. State). As a result, the court reversed the order placing Simmons on probation and remanded the case for resentencing, directing adherence to the findings. Judges Danahy and Lehan concurred with the decision.
Legal Issues Addressed
Conditions of Probation and Due Processsubscribe to see similar legal issues
Application: The failure to provide Simmons with an opportunity to object to the conditions of his probation was a violation of due process, warranting a reversal and remand for resentencing.
Reasoning: Simmons' appeal was deemed meritorious regarding the lack of notice and opportunity to object to the imposition of court costs and the conditions of his probation, citing relevant case law (Jenkins v. State and Boatright v. State).
Notice and Opportunity to Object to Court Costssubscribe to see similar legal issues
Application: The appellate court determined that Simmons was not provided with sufficient notice or opportunity to object to the imposition of court costs, resulting in the reversal of the order placing him on probation.
Reasoning: Simmons' appeal was deemed meritorious regarding the lack of notice and opportunity to object to the imposition of court costs and the conditions of his probation, citing relevant case law (Jenkins v. State and Boatright v. State).
Resentencing Following Procedural Errorsubscribe to see similar legal issues
Application: The court ordered a remand for resentencing, emphasizing the need to adhere to procedural requirements regarding notice and opportunity to object.
Reasoning: As a result, the court reversed the order placing Simmons on probation and remanded the case for resentencing, directing adherence to the findings.