Pilato v. State

Full title: DANNY RAY PILATO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 18, 1990

559 So. 2d 458 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-01396.

April 18, 1990.

Appeal from the Circuit Court for Hillsborough County; F. Dennis Alvarez, Judge.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

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

FRANK, Judge.

Danny Pilato has appealed from his conviction and sentence for second degree murder. We find no error in the conviction. We do note, however, that costs were improperly imposed without notice and opportunity to be heard and must be stricken pursuant to Jenkins v. State, 444 So.2d 947 (Fla. 1984).

SCHEB, A.C.J., and THREADGILL, J., concur.