Opinion
No. 87-02892.
April 10, 1991.
Appeal from the Circuit Court, Lee County, R. Wallace Pack, J.
James Marion Moorman, Public Defender, and Phil Patterson, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.
We affirm appellant's judgment and sentence except for the imposition of costs and attorney's fees, which we set aside. If the state seeks to impose costs and attorney's fees on remand, it must provide notice and an opportunity to be heard.
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.