Dillard v. State

Full title: JOHN HENRY DILLARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 8, 1990

556 So. 2d 529 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-726.

February 8, 1990.

Appeal from the Circuit Court, Volusia County, Edwin P.B. Sanders, J.

W. SHARP, Judge.

The state agrees the trial court erred in imposing costs without providing Dillard notice and an opportunity to be heard. Wood v. State, 544 So.2d 1004 (Fla. 1989). Outar v. State, 508 So.2d 1311 (Fla. 5th DCA 1987). We affirm appellant's convictions and sentences, but we strike the imposition of costs and remand for further proceedings.

AFFIRMED in part; STRIKE imposition of costs; REMAND.

DANIEL, C.J., and COWART, J., concur.