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Fleming v. State

District Court of Appeal of Florida, Second District
Feb 1, 1991
573 So. 2d 449 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02434.

February 1, 1991.

Appeal from the Circuit Court for Lee County; James R. Thompson, Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

No appearance for appellee.


We affirm the judgment and sentence in this case. However, we strike the provision in the judgment which assesses court costs against appellant, because the record indicates these costs were imposed without prior notice or the opportunity to be heard. Our decision is without prejudice to the state to seek reimposition of costs after adequate notice to appellant.

CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.


Summaries of

Fleming v. State

District Court of Appeal of Florida, Second District
Feb 1, 1991
573 So. 2d 449 (Fla. Dist. Ct. App. 1991)
Case details for

Fleming v. State

Case Details

Full title:CHARLES FLEMING, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 1, 1991

Citations

573 So. 2d 449 (Fla. Dist. Ct. App. 1991)