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Florida District Courts of Appeal, 1989

Sallette v. State

Sallette v. State
Florida District Courts of Appeal · Decided December 6, 1989 · Dell, Hersey, Stone
553 So. 2d 330; 14 Fla. L. Weekly 2781; 1989 Fla. App. LEXIS 6794; 1989 WL 146180 (Southern Reporter, Second Series)

Sallette v. State

Opinion of the Court

PER CURIAM.

Fees and costs were imposed against appellant without giving him adequate notice *331and an opportunity to be heard. This constitutes error, Jenkins v. State, 444 So.2d 947 (Fla. 1984); Mays v. State, 519 So.2d 618 (Fla. 1988), of fundamental proportions. Wood v. State, 544 So.2d 1004, 1006 (Fla. 1989). We reverse and remand without prejudice to the state’s right to again seek fees and costs after notice and hearing.

HERSEY, C.J., and DELL and STONE, JJ., concur.

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