Kinser v. State

Full title: LYNDON KINSER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Oct 5, 1988

531 So. 2d 429 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-0132.

October 5, 1988.

Appeal from the Circuit Court for Martin County; John E. Fennelly, Judge.

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED, except that the imposition of community service in lieu of costs is stricken. See Garland v. State, 524 So.2d 1170 (Fla. 5th DCA 1988). This is without prejudice to the state's right to apply for an assessment of costs after notice and hearing under section 27.3455, Florida Statutes (1985), as amended. See Mays v. State, 519 So.2d 618 (Fla. 1988).

HERSEY, C.J., and GUNTHER and STONE, JJ., concur.