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Gardner v. State

District Court of Appeal of Florida, Fourth District
Nov 21, 1990
569 So. 2d 1382 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-0345.

November 21, 1990.

Appeal from the Circuit Court for Broward County; Patti Englander Henning, Judge.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm the judgment in this case on the authority of Burch v. State, 558 So.2d 1 (Fla. 1990), and also State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989). However, we reverse the sentence so that the trial judge may, in his discretion, either strike the costs, assessed without notice and hearing, or conduct a hearing to impose costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Mays v. State, 519 So.2d 618 (Fla. 1988).

LETTS, STONE and GARRETT, JJ., concur.


Summaries of

Gardner v. State

District Court of Appeal of Florida, Fourth District
Nov 21, 1990
569 So. 2d 1382 (Fla. Dist. Ct. App. 1990)
Case details for

Gardner v. State

Case Details

Full title:NATHAN GARDNER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 21, 1990

Citations

569 So. 2d 1382 (Fla. Dist. Ct. App. 1990)