Fanning v. State

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

Court: District Court of Appeal of Florida, Second District

Date published: Jan 20, 1989

537 So. 2d 197 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-1928.

January 20, 1989.

Appeal from the Circuit Court for Lee County; R. Wallace Pack, Judge.

James Marion Moorman, Public Defender, and T. Orin Lee, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We agree with appellant that the trial court erred in imposing court costs and attorney fees without notice or the opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike the cost provision without prejudice to the state to seek reassessment after proper notice to appellant. The judgments and sentences are affirmed in all other respects.

RYDER, A.C.J., and FRANK and ALTENBERND, JJ., concur.