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McCray v. State

District Court of Appeal of Florida, Second District
Dec 30, 1986
504 So. 2d 8 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2361.

December 30, 1986.

Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge.

James Marion Moorman, Public Defender and Joseph Eugene Perrin, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.


We affirm the defendant's conviction and sentence. We find, however, that the trial judge ordered the indigent defendant to pay $10.00 pursuant to section 960.20, Florida Statutes (Crimes Compensation Trust Fund) and $2.00 as a court cost pursuant to section 943.25(4). The defendant should have been afforded notice and opportunity to be heard before imposition of these costs. See Jenkins v. State, 444 So.2d 947 (Fla. 1984); Burrow v. State, 487 So.2d 77 (Fla. 2d DCA 1986). Accordingly, we strike that portion of the judgment ordering assessment of $12.00 in costs against the defendant.

RYDER, A.C.J., and CAMPBELL and FRANK, JJ., concur.


Summaries of

McCray v. State

District Court of Appeal of Florida, Second District
Dec 30, 1986
504 So. 2d 8 (Fla. Dist. Ct. App. 1986)
Case details for

McCray v. State

Case Details

Full title:EUGENE McCRAY, A/K/A JEFFREY SCOTT, A/K/A GENE CORY, APPELLANT, v. STATE…

Court:District Court of Appeal of Florida, Second District

Date published: Dec 30, 1986

Citations

504 So. 2d 8 (Fla. Dist. Ct. App. 1986)