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Graham v. State

District Court of Appeal of Florida, Second District
Jul 25, 1990
564 So. 2d 272 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-03082.

July 25, 1990.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


The defendant, Steven Graham, appeals his convictions and sentences of possession of a firearm by a convicted felon and carrying a concealed firearm. The defendant's only meritorious point on appeal concerns costs. We agree that the trial court erred in imposing costs without affording the defendant notice or opportunity to be heard. Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike the imposition of costs and remand to the trial court, which may reimpose costs if the appropriate notice and opportunity to be heard is afforded the defendant. The judgments and sentences are affirmed in all other respects.

Affirmed in part; reversed in part.

HALL and PATTERSON, JJ., concur.


Summaries of

Graham v. State

District Court of Appeal of Florida, Second District
Jul 25, 1990
564 So. 2d 272 (Fla. Dist. Ct. App. 1990)
Case details for

Graham v. State

Case Details

Full title:STEVEN GRAHAM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 25, 1990

Citations

564 So. 2d 272 (Fla. Dist. Ct. App. 1990)