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Mitchell v. State

District Court of Appeal of Florida, First District
Aug 2, 1988
528 So. 2d 1295 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1245.

August 2, 1988.

An Appeal from the Circuit Court for Washington County; Dedee S. Costello, Judge.

Michael Allen, Public Defender, Terry P. Lewis, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., John M. Koenig, Jr., Asst. Atty. Gen., for appellee.


Appellant challenges the imposition of court costs after his criminal conviction. The record does not indicate that appellant was provided notice or an opportunity to be heard on the issue of his ability to pay costs. The state concedes that a remand is required by the supreme court decisions in Harriel v. State, 520 So.2d 271 (Fla. 1988), and Mays v. State, 519 So.2d 618 (Fla. 1988). See also Jenkins v. State, 444 So.2d 947 (Fla. 1984). We agree, and vacate the assessment of costs and remand with directions that appellant be afforded notice and an opportunity to be heard prior to the imposition of costs.

SMITH, C.J., and WIGGINTON, J., concur.


Summaries of

Mitchell v. State

District Court of Appeal of Florida, First District
Aug 2, 1988
528 So. 2d 1295 (Fla. Dist. Ct. App. 1988)
Case details for

Mitchell v. State

Case Details

Full title:JOHN DEXTER MITCHELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 2, 1988

Citations

528 So. 2d 1295 (Fla. Dist. Ct. App. 1988)