Cote v. State

Full title: LEIGH COTE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 28, 1990

571 So. 2d 586 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-1005.

December 28, 1990.

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

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Saltiel, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The trial court correctly denied appellant's motion to suppress. Therefore, we affirm appellant's conviction of carrying a concealed weapon.

The trial court erred in assessing costs against the insolvent appellant without giving him notice and an opportunity to be heard. We reverse the imposition of costs against appellant upon authority of Mays v. State, 519 So.2d 618 (Fla. 1988) and Jenkins v. State, 444 So.2d 947 (Fla. 1984).

AFFIRMED IN PART; REVERSED IN PART.

HERSEY, C.J., and WALDEN and POLEN, JJ., concur.