Clarke v. State

Full title: JAMES MICHAEL CLARKE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 31, 1989

547 So. 2d 1298 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1886.

August 31, 1989.

Appeal from the Circuit Court for Brevard County; Lawrence V. Johnston, III, Judge.

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a judgment requiring costs to be paid by a criminal defendant. Both parties agree the judge erred by imposing the costs without notice to the defendant or giving him an opportunity to be heard.

The costs judgment is reversed.

REVERSED.

COWART and GOSHORN, JJ., concur.