Priest v. State

Full title: HERMAN DEJONG PRIEST, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Dec 28, 1994

661 So. 2d 29 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-04353.

December 28, 1994.

Appeal from the Circuit Court for Hillsborough County; M. William Graybill, Judge.

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kimberly D. Nolen, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The defendant, Herman Dejong Priest, appeals his judgment and sentence for robbery with a weapon.¹ We find merit only in his contention that the trial court erred in imposing costs without notice and an opportunity to be heard. Accordingly, we strike the $2 discretionary costs imposed pursuant to section 943.25(13), Florida Statutes (1993). See Sutton v. State, 635 So.2d 1032, 1033 (Fla. 2d DCA 1994) (discretionary costs "cannot be imposed unless a defendant is given notice and an opportunity to be heard, and the record recites the statutory authority for their imposition").

1 § 812.13(1) and (2)(b), Fla. Stat. (1993).

Reversed.

DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.