Florida District Courts of Appeal, 1994

Priest v. State

Florida District Courts of Appeal · Decided December 28, 1994 · No. 93-04353 · Danahy, Fulmer, Schoonover

661 So. 2d 29; 1994 Fla. App. LEXIS 12598; 1994 WL 714440 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Heathcoe v. State (Fla. Dist. Ct. App. 1995)
Tesky v. State (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The defendant, Herman Dejong Priest, appeals his judgment and sentence for robbery with a weapon.1 We find merit only in his contention that the trial court erred in imposing costs without notice and an opportunity to be heard. Accordingly, we strike the $2 discretionary costs imposed pursuant to section 943.25(13), Florida Statutes (1993). See Sutton v. State, 635 So.2d 1032, 1033 (Fla. 2d DCA 1994) (discretionary costs “cannot be imposed unless a defendant is given notice and an opportunity to be heard, and the *30record recites the statutory authority for their imposition”).

Reversed.

DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.

. § 812.13(1) and (2)(b), Fla.Stat. (1993).

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