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Florida District Courts of Appeal, 1990

Shively v. State

Shively v. State
Florida District Courts of Appeal · Decided September 26, 1990 · Frank, Lehan, Patterson
567 So. 2d 46; 1990 Fla. App. LEXIS 7354; 1990 WL 140275 (Southern Reporter, Second Series)

Shively v. State

Opinion of the Court

PER CURIAM.

We hold that the trial judge erred in imposing costs without affording the appellant his due process rights of notice and an opportunity to be heard. Wood v. State, 544 So.2d 1004 (Fla. 1989).

*47Accordingly, we strike the imposition of costs without prejudice to the state to seek reimposition after proper notice.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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