Opinion
No. 86-3079.
August 5, 1988.
Appeal from the Circuit Court for Hillsborough County; Robert H. Bonanno, Judge.
Robert Jefferson Duff, pro se.
James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.
The trial court imposed attorney's fees and court costs on the appellant without notice and a hearing, contrary to Jenkins v. State, 444 So.2d 947 (Fla. 1984). Further, appellant did not waive notice or a hearing in his affidavit of insolvency. Therefore we reverse the order imposing $250 attorney's fees and $50 court costs, without prejudice to the trial court assessing costs against the appellant after proper notice and hearing. Otherwise, affirmed.
LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.