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Dubalski v. State

District Court of Appeal of Florida, Second District
Sep 20, 1989
548 So. 2d 1181 (Fla. Dist. Ct. App. 1989)

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.


Summaries of

Dubalski v. State

District Court of Appeal of Florida, Second District
Sep 20, 1989
548 So. 2d 1181 (Fla. Dist. Ct. App. 1989)
Case details for

Dubalski v. State

Case Details

Full title:JOHN LOUIS DUBALSKI, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 20, 1989

Citations

548 So. 2d 1181 (Fla. Dist. Ct. App. 1989)