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Akana v. State

District Court of Appeal of Florida, Fifth District
Apr 27, 1989
541 So. 2d 1364 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1245.

April 27, 1989.

Appeal from the Circuit Court for Brevard County; J. William Woodson, Judge.

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


The appellant's conviction and sentence are affirmed, but the imposition of court costs which were assessed without notice or an opportunity to be heard are quashed. Shipley v. State, 528 So.2d 902 (Fla. 1988); Harriel v. State, 520 So.2d 271 (Fla. 1988); Lester v. State, 532 So.2d 63 (Fla. 5th DCA 1988); Singletary v. State, 530 So.2d 460 (Fla. 5th DCA 1988). On remand, after proper notice and hearing, the court may reconsider the imposition of costs.

CONVICTION and SENTENCE AFFIRMED; COSTS QUASHED.

COBB and DANIEL, JJ., concur.


Summaries of

Akana v. State

District Court of Appeal of Florida, Fifth District
Apr 27, 1989
541 So. 2d 1364 (Fla. Dist. Ct. App. 1989)
Case details for

Akana v. State

Case Details

Full title:LEWIS JOHN AKANA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 27, 1989

Citations

541 So. 2d 1364 (Fla. Dist. Ct. App. 1989)