Opinion
No. 97-2261.
Opinion filed April 15, 1998. JANUARY TERM 1998.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. Case No. 96-13401 CFA02.
Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.
We affirm appellant's conviction, but reverse the imposition of prosecution costs imposed without notice or hearing. Appellee, state, has properly conceded it was error to impose these costs, and further, that the written sentence must be remanded to include the length of the sentence, in conformity with the court's oral pronouncement of 12 months' incarceration. The reversal of the costs is without prejudice to the state to request the trial court to consider such costs upon notice and hearing.
DELL, POLEN and STEVENSON, JJ., concur.