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Florida District Courts of Appeal, 1994

Priest v. State

Priest v. State
Florida District Courts of Appeal · Decided December 28, 1994 · Danahy, Fulmer, Schoonover
661 So. 2d 29; 1994 Fla. App. LEXIS 12598; 1994 WL 714440 (Southern Reporter, Second Series)

Priest v. State

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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