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Smith v. State

District Court of Appeal of Florida, Second District
Sep 12, 1990
566 So. 2d 593 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-02833.

September 12, 1990.

Appeal from the Circuit Court for Highlands County; Jesse C. Barber, Judge.

James Marion Moorman, Public Defender, and Andrea Norgard, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.


Having carefully reviewed the record of the proceedings in the trial court, we find no error sufficient to warrant reversal and, therefore, affirm appellant's convictions and sentences for first degree murder and kidnapping. Turner v. State, 530 So.2d 45 (Fla. 1987), cert. denied, 489 U.S. 1040, 109 S.Ct. 1175, 103 L.Ed.2d 237 (1989). However, the trial judge erred in imposing costs against appellant without adequate notice and an opportunity to object on the issue of costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984); McNabb v. State, 552 So.2d 313 (Fla. 2d DCA 1989), rev. denied, 562 So.2d 346 (Fla. 1990). Accordingly, we strike the court costs without prejudice to the state seeking to have them reimposed after proper notice.

SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Second District
Sep 12, 1990
566 So. 2d 593 (Fla. Dist. Ct. App. 1990)
Case details for

Smith v. State

Case Details

Full title:CURTIS LEE SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 12, 1990

Citations

566 So. 2d 593 (Fla. Dist. Ct. App. 1990)