526 So. 2d 1074

George Laverne KOENIG, Jr., Appellant, v. STATE of Florida, Appellee.

No. 86-1974.

District Court of Appeal of Florida, Second District.

June 22, 1988.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Public Defender, Tampa, for appellee.

SCHEB, Acting Chief Judge.

George Laverne Koenig appeals from his judgment and sentence for burglary and possession of a firearm. We find merit only in his contention that the trial court’s order that he pay costs was improper.

Koenig was found to be indigent for the purpose of appointment of a public defender. At sentencing, the trial court ordered him to pay $513.50 in court costs without giving him notice and without citing proper statutory authority. See Jenkins v. State, 444 So.2d 947 (Fla.1984), and Brown v. State, 506 So.2d 1068 (Fla. 2d BCA), petition for review denied, 515 So.2d 229 (Fla.1987).

Accordingly, we affirm the judgment and sentence but strike the costs without prejudice to the state to seek reassessment of the costs after proper notice.

FRANK and HALL, JJ., concur.

Koenig v. State
526 So. 2d 1074

Case Details

Name
Koenig v. State
Decision Date
Jun 22, 1988
Citations

526 So. 2d 1074

Jurisdiction
Florida

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