Florida District Courts of Appeal, 1991

King v. State

King v. State
Florida District Courts of Appeal · Decided March 14, 1991 · Dauksch, Diamantis, Peterson
575 So. 2d 1380; 1991 Fla. App. LEXIS 2200; 1991 WL 32997 (Southern Reporter, Second Series)

King v. State

Opinion of the Court

PER CURIAM.

We affirm the defendant’s judgment of conviction and sentence. However, we hold that the trial court erred in imposing court costs without notice and opportunity to be heard. Clark v. State, 560 So.2d 264 (Fla. 5th DCA 1990); Rowe v. State, 558 So.2d 174 (Fla. 5th DCA 1990). Therefore, we strike the imposition of costs without prejudice and remand this cause to the trial court in order for the state to seek reimpo-sition of costs after proper notice and opportunity to be heard.

JUDGMENT AND SENTENCE AFFIRMED; COSTS STRICKEN and CAUSE REMANDED.

DAUKSCH, PETERSON and DIAMANTIS, JJ., concur.

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