Opinion
No. 90-0630.
December 19, 1990.
Appeal from the Circuit Court for Saint Lucie County; Marc A. Cianca, Judge.
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., and Richard E. Doran, Director, Criminal Appeals, Dept. of Legal Affairs, Tallahassee, for appellee.
We agree with appellant that the trial court erred in imposing court costs without notice or the opportunity to be heard. Mays v. State, 519 So.2d 618 (Fla. 1988). Accordingly, we strike the cost provision of the judgment without prejudice to the state to seek reassessment after proper notice to appellant. The judgment and sentence are in all other respects affirmed.
ANSTEAD, GLICKSTEIN, JJ., and OFTEDAL, RICHARD, L., Associate Judge, concur.