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Hill v. State

District Court of Appeal of Florida, Second District
Dec 30, 1988
535 So. 2d 358 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-1030.

December 30, 1988.

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

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.


Willie James Hill appeals from his judgment and sentence for possession of cocaine. He argues that the trial court erred by denying his motion to suppress evidence and by ordering him to pay court costs. We find no merit in the appellant's first argument and, therefore, affirm his conviction. However, we find that the trial court erred in assessing $240 in court costs against the indigent appellant without proper notice or citation to statutory authority for the imposition of such costs. See Jenkins v. State, 444 So.2d 947 (Fla. 1984); Brown v. State, 506 So.2d 1068 (Fla. 2d DCA), rev. denied, 515 So.2d 229 (Fla. 1987); Moore v. State, 525 So.2d 1031 (Fla. 2d DCA 1988).

Accordingly, we affirm the appellant's conviction for possession of cocaine but strike the costs without prejudice to the state to seek reassessment of the costs.

DANAHY, A.C.J., and FRANK, J., concur.


Summaries of

Hill v. State

District Court of Appeal of Florida, Second District
Dec 30, 1988
535 So. 2d 358 (Fla. Dist. Ct. App. 1988)
Case details for

Hill v. State

Case Details

Full title:WILLIE JAMES HILL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 30, 1988

Citations

535 So. 2d 358 (Fla. Dist. Ct. App. 1988)