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Bryant v. State

District Court of Appeal of Florida, Fourth District
Oct 25, 1989
550 So. 2d 541 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-0494.

October 25, 1989.

Appeal from the Circuit Court for St. Lucie County; Charles E. Smith, Judge.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's conviction and sentence. The findings made by the trial court satisfy the requirements of section 39.111(7)(c). The state concedes that the trial court imposed costs against appellant without notice and an opportunity to be heard. Therefore, on the authority of Jenkins v. State, 444 So.2d 947 (Fla. 1984), we reverse and vacate that part of the sentencing order which imposed costs on appellant and remand this case to the trial court with instructions to correct the order in accordance with this opinion.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DOWNEY and DELL, JJ., and FRANK, RICHARD H., Associate Judge, concur.


Summaries of

Bryant v. State

District Court of Appeal of Florida, Fourth District
Oct 25, 1989
550 So. 2d 541 (Fla. Dist. Ct. App. 1989)
Case details for

Bryant v. State

Case Details

Full title:JESSIE BERNARD BRYANT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 25, 1989

Citations

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