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.