Florida District Courts of Appeal, 1991

McClure v. State

McClure v. State
Florida District Courts of Appeal · Decided March 8, 1991 · Campbell, Patterson, Threadgill
575 So. 2d 1352; 1991 Fla. App. LEXIS 1877; 1991 WL 29493 (Southern Reporter, Second Series)

McClure v. State

Opinion of the Court

PER CURIAM.

We find no reversible error in regard to appellant’s judgment and sentence for sale of cocaine within one thousand feet of a school. We do find that the court erred in assessing court costs without proper notice and opportunity to be heard. Appellant waived any objection to the court-assessed lien for attorney’s fees. We, therefore, affirm appellant’s conviction and sentence but strike the court costs of $488.50. If the state desires to reimpose such costs, notice and opportunity to be heard must be afforded appellant. Wood v. State, 544 So.2d 1004 (Fla. 1989); Jenkins v. State, 444 So.2d 947 (Fla. 1984).

Affirmed in part and reversed in part.

CAMPBELL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.

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