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Florida District Courts of Appeal, 1989

Coleman v. State

Coleman v. State
Florida District Courts of Appeal · Decided September 13, 1989 · Downey, Glickstein, Hersey
548 So. 2d 869; 14 Fla. L. Weekly 2158; 1989 Fla. App. LEXIS 4978; 1989 WL 104145 (Southern Reporter, Second Series)

Coleman v. State

Opinion of the Court

PER CURIAM.

We affirm the conviction and sentence but reverse imposition of costs, which were assessed without first giving appellant notice and an opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Mays v. State, 519 So.2d 618 (Fla. 1988). We remand for striking of costs, without prejudice to the state filing a proper motion to tax costs in accordance with the procedure outlined in Jenkins.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.

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