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Jackson v. State

District Court of Appeal of Florida, Second District
Nov 8, 1989
552 So. 2d 262 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-00776.

November 8, 1989.

Appeal from the Circuit Court, Lee County, R. Wallace Pack, J.

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

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


Appellant pleaded guilty to certain charges. At the change of plea hearing held on January 21, 1988, the trial court announced that appellant would be "required to pay costs in the amount of $250." At sentencing on February 26, 1988, and without objection, the trial court announced that appellant would be charged $250 for court costs. We agree with appellant's contention that he did not have notice and opportunity to object to the imposition of costs. See Wood v. State, 544 So.2d 1004, 1006 (Fla. 1984); Jenkins v. State, 444 So.2d 947 (Fla. 1984). Cf. Bull v. State, 548 So.2d 1103 (Fla. 1989) (where trial court announces that it is imposing lien for services of court-appointed counsel and gives defendant 30 days to challenge amount of lien and defendant fails to challenge such lien, then defendant has waived argument).

Accordingly, we affirm appellant's convictions and sentences, but strike the imposition of court costs without prejudice to the state to seek reassessment of the costs.

RYDER, A.C.J. and PARKER and ALTENBERND, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Second District
Nov 8, 1989
552 So. 2d 262 (Fla. Dist. Ct. App. 1989)
Case details for

Jackson v. State

Case Details

Full title:LEALEAR J. JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 8, 1989

Citations

552 So. 2d 262 (Fla. Dist. Ct. App. 1989)