Florida District Courts of Appeal, 1989

Rutherford v. State

Rutherford v. State
Florida District Courts of Appeal · Decided January 20, 1989 · Altenbernd, Frank, Ryder
537 So. 2d 200; 14 Fla. L. Weekly 247; 1989 Fla. App. LEXIS 10669; 1989 WL 3280 (Southern Reporter, Second Series)

Rutherford v. State

Opinion of the Court

PER CURIAM.

We agree with appellant that the trial court erred in imposing court costs without notice or the opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike the cost provision without prejudice to the state to seek reassessment after proper notice to appellant. *201The judgment and sentence are affirmed in all other respects.

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

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