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Smith v. State

District Court of Appeal of Florida, Fifth District
Jan 18, 1990
555 So. 2d 946 (Fla. Dist. Ct. App. 1990)

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.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fifth District
Jan 18, 1990
555 So. 2d 946 (Fla. Dist. Ct. App. 1990)
Case details for

Smith v. State

Case Details

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

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 18, 1990

Citations

555 So. 2d 946 (Fla. Dist. Ct. App. 1990)