Opinion
No. 88-02581.
September 20, 1989.
Appeal from the Circuit Court, Hillsborough County, Susan C. Bucklew, J.
James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.
John Louis Dubalski challenges his conviction for second-degree murder. We affirm his judgment and sentence but strike the imposition of costs and attorney's fees because he was not given notice of their imposition. Accordingly, the costs and attorney's fees are stricken without prejudice to the state to seek reassessment after proper notice. Jenkins v. State, 444 So.2d 947 (Fla. 1984).
Affirmed in part, reversed in part.
SCHEB, A.C.J., and HALL, J., concur.