Florida District Courts of Appeal, 1990

Gardner v. State

Gardner v. State
Florida District Courts of Appeal · Decided November 21, 1990 · Garrett, Letts, Stone
569 So. 2d 1382; 1990 Fla. App. LEXIS 8958; 1990 WL 181847 (Southern Reporter, Second Series)

Gardner v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment in this case on the authority of Burch v. State, 558 So.2d 1 (Fla. 1990), and also State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989). However, we reverse the sentence so that the trial judge may, in his discretion, either strike the costs, assessed without notice and hearing, or conduct a hearing to impose costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Mays v. State, 519 So.2d 618 (Fla. 1988).

LETTS, STONE and GARRETT, JJ., concur.

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