Florida District Courts of Appeal, 1990

Cooper v. State

Cooper v. State
Florida District Courts of Appeal · Decided October 3, 1990 · Gunther, Polen, Walden
567 So. 2d 61; 1990 Fla. App. LEXIS 7462; 1990 WL 142520 (Southern Reporter, Second Series)

Cooper v. State

Opinion of the Court

PER CURIAM.

Regardless that appellant had been adjudicated to be indigent and assigned defense counsel, the trial court assessed court costs against appellant without notice and an opportunity to be heard. This was error and so we remand to the trial court with instructions to strike such assessment of court costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984), and Cox v. State, 334 So.2d 568 (Fla. 1976).

In all other respects the judgment and sentence are affirmed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

WALDEN, GUNTHER and POLEN, JJ., concur.

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