Lester v. State

Full title: BEAMES LEE LESTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Oct 13, 1988

532 So. 2d 63 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1981.

October 13, 1988.

Appeal from the Circuit Court for Marion County, Raymond T. McNeal, Judge.

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

The appellant's conviction and sentence are affirmed, but the imposition of court costs which were assessed without notice or an opportunity to be heard are quashed. Shipley v. State, 528 So.2d 902 (Fla. 1988); Harriel v. State, 520 So.2d 271 (Fla. 1988). On remand, after proper notice and hearing, the court may reconsider the imposition of costs.

CONVICTION and SENTENCE AFFIRMED; COSTS QUASHED.

DAUKSCH and COWART, JJ., concur.