Florida District Courts of Appeal, 1985

Quince v. State

Quince v. State
Florida District Courts of Appeal · Decided July 24, 1985 · Dell, Glickstein, Hersey
475 So. 2d 916; 10 Fla. L. Weekly 2283; 1985 Fla. App. LEXIS 16139 (Southern Reporter, Second Series)
Quince v. State

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Opinion of the Court

PER CURIAM.

We affirm the judgment and sentence in all respects, except that we find the trial court erred in assessing costs against appellant, who had been adjudicated indigent, without notice and an opportunity to be heard, contrary to Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike from the judgment that portion thereof which orders the payment of $15.00 pursuant to Section 960.20, Florida Statutes (1983) and court costs of $2.00.

HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.

070rehearing

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellee’s motion for rehearing to note only that our decision in Quince v. State, 10 F.L.W. 1795 (Fla. 4th DCA July 24, 1985), does not prevent the state from attempting to tax costs against appellant in accordance with the procedure outlined in Jenkins v. State, 444 So.2d 947 (Fla. 1984).

HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.

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