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Florida District Courts of Appeal, 1991

Hatten v. State

Hatten v. State
Florida District Courts of Appeal · Decided May 1, 1991 · Gunther, Polen, Warner
578 So. 2d 841; 1991 Fla. App. LEXIS 3907; 1991 WL 65940 (Southern Reporter, Second Series)

Hatten v. State

Opinion of the Court

PER CURIAM.

We affirm the conviction and sentence. However, we reverse the imposition of costs because the costs were imposed without adequate notice to and an opportunity to be heard by the defendant. See Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984).

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.

GUNTHER and POLEN, JJ., concur. WARNER, J., concurring in part and dissenting in part with opinion.

Concurring in Part

WARNER, Judge,

concurring in part, dissenting in part.

I would reverse the conviction for possession of cocaine with intent to sell because the evidence is insufficient to prove con*842structive possession. Murphy v. State, 511 So.2d 397 (Fla. 4th DCA 1987).

I agree with the majority as to the reversal of the imposition of costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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