Florida District Courts of Appeal, 1990

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided January 18, 1990 · Daniel, Dauksch, Sharp
555 So. 2d 946; 1990 Fla. App. LEXIS 197; 1990 WL 2412 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Appellant alleges, and appellee does not contest the issue, that costs were assessed against him without notice or an opportunity to be heard. That was error. Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984); Rucker v. State, 553 So.2d 212 (Fla. 4th DCA 1989).

The order assessing costs is reversed. The conviction for armed robbery and the sentence are affirmed.

AFFIRMED m part; REVERSED in part.

DANIEL, C.J., and DAUKSCH and SHARP, JJ., concur.

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