548 So. 2d 869

Alphonso COLEMAN, Appellant, v. STATE of Florida, Appellee.

No. 89-0518.

District Court of Appeal of Florida, Fourth District.

Sept. 13, 1989.

Norman A. Green, Vero Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the conviction and sentence but reverse imposition of costs, which were assessed without first giving appellant notice and an opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla.1984); Mays v. State, 519 So.2d 618 (Fla.1988). We remand for striking of costs, without prejudice to the state filing a proper motion to tax costs in accordance with the procedure outlined in Jenkins.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.

Coleman v. State
548 So. 2d 869

Case Details

Name
Coleman v. State
Decision Date
Sep 13, 1989
Citations

548 So. 2d 869

Jurisdiction
Florida

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