Florida District Courts of Appeal, 1988

Futch v. State

Futch v. State
Florida District Courts of Appeal · Decided September 28, 1988 · Danahy, Frank, Ryder
531 So. 2d 422; 13 Fla. L. Weekly 2242; 1988 Fla. App. LEXIS 4312; 1988 WL 99748 (Southern Reporter, Second Series)

Futch v. State

Opinion of the Court

PER CURIAM.

We agree with appellant that the trial court erred in imposing court costs and a fee for the services of the public defender without notice or the opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Barron v. State, 524 So.2d 1138 (Fla. 2d DCA 1988). Accordingly, we strike the cost provision without prejudice to the state to seek reassessment after proper notice to appellant. The judgment and sentence are affirmed in all other respects.

RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.

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