Opinion
No. 88-00679.
September 26, 1990.
Appeal from the Circuit Court for Polk County; J. Dale Durrance, Judge.
James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.
We hold that the trial judge erred in imposing costs without affording the appellant his due process rights of notice and an opportunity to be heard. Wood v. State, 544 So.2d 1004 (Fla. 1989).
Accordingly, we strike the imposition of costs without prejudice to the state to seek reimposition after proper notice. In all other respects, the convictions and sentences are affirmed.
LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.