Florida District Courts of Appeal, 1990

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided September 12, 1990 · Campbell, Hall, Schoonover
566 So. 2d 593; 1990 Fla. App. LEXIS 6915; 1990 WL 132029 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Having carefully reviewed the record of the proceedings in the trial court, we find no error sufficient to warrant reversal and, therefore, affirm appellant’s convictions and sentences for first degree murder and kidnapping. Turner v. State, 530 So.2d 45 (Fla. 1987), cert. denied, 489 U.S. 1040, 109 S.Ct. 1175, 103 L.Ed.2d 237 (1989). However, the trial judge erred in imposing costs against appellant without adequate notice and an opportunity to object on the issue of costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984); McNabb v. State, 552 So.2d 313 (Fla. 2d DCA 1989), rev. denied, 562 So.2d 346 (Fla. 1990). Accordingly, we strike the court costs without prejudice to the state seeking to have them reimposed after proper notice.

SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.

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