Florida District Courts of Appeal, 1988

Whiters v. State

Whiters v. State
Florida District Courts of Appeal · Decided November 30, 1988 · Glickstein, Stone, Walden
533 So. 2d 1210; 13 Fla. L. Weekly 2607; 1988 Fla. App. LEXIS 5177; 1988 WL 125645 (Southern Reporter, Second Series)

Whiters v. State

Opinion of the Court

PER CURIAM.

The trial court assessed costs without prior notice or hearing. We reverse the sentence and remand for a hearing so that the trial judge may in his discretion either strike the costs or conduct a hearing to impose costs. Eg. Shipley v. State, 528 So.2d 902 (Fla. 1988); Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984); Ivey v. State, 519 So.2d 648 (Fla. 4th DCA 1988).

GLICKSTEIN and WALDEN, JJ., concur. STONE, J., concurs specially with opinion.

Concurring Opinion

STONE, Judge,

concurring specially.

I note that Jenkins has now been cited in over 300 opinions. Those judges and clerks *1211of this district who have not already done so should insure that a system is established to avoid the continuing assessment of costs, contrary to law, without notice and hearing.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.