Opinion
No. 89-865.
January 18, 1990.
Appeal from the Circuit Court for Brevard County; John Dean Moxley, Judge.
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant alleges, and appellee does not contest the issue, that costs were assessed against him without notice or an opportunity to be heard. That was error. Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984); Rucker v. State, 553 So.2d 212 (Fla. 4th DCA 1989).
The order assessing costs is reversed. The conviction for armed robbery and the sentence are affirmed.
AFFIRMED in part; REVERSED in part.
DANIEL, C.J., and DAUKSCH and SHARP, JJ., concur.