Opinion
No. 88-185.
October 25, 1988.
An Appeal from the Circuit Court for Dade County; Richard V. Margolius, Judge.
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.
Rejecting the appellant's sole point on the merits, we find that the warrantless search of his person which yielded the cocaine with which he was charged was properly based on probable cause. Hence, the conviction is affirmed.
As the state agrees, however, costs were improperly imposed and the award is reversed on the authority of Jenkins v. State, 444 So.2d 947 (Fla. 1984) and Mays v. State, 519 So.2d 618 (Fla. 1988).