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Hart v. State

District Court of Appeal of Florida, First District
May 12, 1989
543 So. 2d 357 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-556.

May 12, 1989.

Appeal from the Circuit Court for Bay County; Don T. Sirmons, Judge.

Michael E. Allen, Public Defender, and Inez Suber, Asst. Public Defender, for appellant.

Robert Butterworth, Atty. Gen., and A.E. Pooser, IV, Asst. Atty. Gen., for appellee.


Hart has appealed from a judgment and sentence for attempted burglary of a dwelling. The judgment and sentence are affirmed, but the trial court erred in imposing court costs under sections 960.20 and 943.25(4), Florida Statutes, without notice or the opportunity to object. Christie v. State, 538 So.2d 544 (Fla. 1st DCA 1989) citing Jenkins v. State, 444 So.2d 947 (Fla. 1984). We therefore strike the cost provisions without prejudice to the State to seek reassessment after proper notice to appellant. Christie, supra.

THOMPSON and ZEHMER, JJ., concur.


Summaries of

Hart v. State

District Court of Appeal of Florida, First District
May 12, 1989
543 So. 2d 357 (Fla. Dist. Ct. App. 1989)
Case details for

Hart v. State

Case Details

Full title:DOUGLAS JAMES HART, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 12, 1989

Citations

543 So. 2d 357 (Fla. Dist. Ct. App. 1989)