Florida District Courts of Appeal, 1988

McHaffie v. State

McHaffie v. State
Florida District Courts of Appeal · Decided April 13, 1988 · Downey, Stone, Walden
522 So. 2d 1077; 1988 Fla. App. LEXIS 1405; 1988 WL 31747 (Southern Reporter, Second Series)

McHaffie v. State

Opinion of the Court

PER CURIAM.

We affirm on the merits but reverse the imposition of costs pursuant to sections 960.20 and 943.25(4) Florida Statutes (1985), because they were assessed without notice and an opportunity to be heard. See Isaiah v. State, 522 So.2d 1005 (Fla. 4th DCA 1988).

The reversal is without prejudice to the state’s right to attempt to obtain a cost judgment after notice and hearing.

AFFIRM IN PART; REVERSE IN PART.

DOWNEY, WALDEN and STONE, JJ., concur.

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