Opinion
No. 87-115.
December 28, 1988.
Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge.
James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.
Farmer appeals a judgment and sentences, including the assessment of attorney's fees and costs, which adjudicated him guilty of grand theft and resisting and officer. We affirm the judgment and sentences but strike the assessment of fees and costs.
Although Farmer raises six points on appeal, we find only one has merit. Farmer received no notice or hearing prior to the imposition of attorney's fees and costs. These fees and costs are struck without prejudice for the state to seek reassessment in accordance with Jenkins v. State, 444 So.2d 947 (Fla. 1984).
The judgment and sentences are affirmed; the fees and costs are struck. Remanded with directions to the trial court.
CAMPBELL, C.J., and THREADGILL and PARKER, JJ., concur.