Florida District Courts of Appeal, 1989

McNabb v. State

Florida District Courts of Appeal · Decided November 17, 1989 · Danahy, Hall, Patterson

552 So. 2d 313; 14 Fla. L. Weekly 2681; 1989 Fla. App. LEXIS 6424; 1989 WL 137724 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Smith v. State (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellant, James 0. McNabb, raises two issues. His first issue is without merit as this court has previously held that probation can be imposed consecutively to community control. Skeens v. State, 542 So.2d 436 (Fla. 2d DCA 1989).

For his second issue, the defendant contends, and the state agrees, that the trial court erred by imposing court costs without adequate notice or an opportunity to object as required by Wood v. State, 544 So.2d 1004 (Fla. 1989) and Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike the court costs without prejudice to *314the state seeking to have them reimposed after proper notice.

DANAHY, A.C.J., and HALL and PATTERSON, JJ., concur.

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