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Elser v. State

District Court of Appeal of Florida, Second District
Jun 15, 1990
561 So. 2d 1368 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-03141.

June 15, 1990.

Appeal from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


We affirm the judgment and sentence in this case except for the costs imposed in the judgment and probation order. Appellant was not provided notice or opportunity to be heard on the costs. Therefore, we strike the costs awards without prejudice to the state seeking costs with proper notice and opportunity to be heard.

SCHOONOVER, A.C.J., and LEHAN and HALL, JJ., concur.


Summaries of

Elser v. State

District Court of Appeal of Florida, Second District
Jun 15, 1990
561 So. 2d 1368 (Fla. Dist. Ct. App. 1990)
Case details for

Elser v. State

Case Details

Full title:JOSEPH OTTO ELSER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 15, 1990

Citations

561 So. 2d 1368 (Fla. Dist. Ct. App. 1990)