Shively v. State

Full title: RICKY EUGENE SHIVELY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Sep 26, 1990

567 So. 2d 46 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-02949.

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 Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

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.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.