Gordon v. State

Florida District Courts of Appeal
Gordon v. State, 530 So. 2d 1113 (1988)
13 Fla. L. Weekly 2192; 1988 Fla. App. LEXIS 4120; 1988 WL 96459
Cobb, Daniel, Sharp

Gordon v. State

Opinion of the Court

SHARP, Chief Judge.

Gordon appeals from the trial court’s order summarily denying his 3.850 motion, in which he claims the trial court erred in imposing court costs1 because he was not given adequate prior notice and he was indigent. Under Jenkins v. State, 444 So. 2d 947 (Fla. 1984), the imposition of costs was improper, and the state here concedes error. Accordingly, we strike the cost assessment and remand for their imposition, at the trial court’s discretion, after due notice and hearing. See Hollis v. State, 525 So.2d 498 (Fla. 5th DCA 1988).

COBB and DANIEL, JJ., concur.

. Gordon’s judgment shows he was ordered to pay $20.00 to the Crimes Compensation Fund, (section 960.20, Florida Statutes) and $2.00 to the Criminal Justice Trust Fund (section 943.-25(4), Florida Statutes),

Reference

Full Case Name
Willie F. GORDON v. STATE of Florida
Cited By
1 case
Status
Published