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Morris v. State

District Court of Appeal of Florida, Fifth District
Dec 6, 1990
570 So. 2d 1113 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-784.

December 6, 1990.

Appeal from the Circuit Court for Orange County; Jeffords D. Miller, Judge.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.


We affirm appellant's conviction. However, the trial court imposed costs against the indigent defendant and the record fails to reflect that the defendant was afforded notice or an opportunity to object, contrary to Harriel v. State, 520 So.2d 271 (Fla. 1988). Therefore, we reverse that portion of the judgment which assesses the costs. See also Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984).

AFFIRMED in part; REVERSED in part.

HARRIS and GRIFFIN, JJ., concur.


Summaries of

Morris v. State

District Court of Appeal of Florida, Fifth District
Dec 6, 1990
570 So. 2d 1113 (Fla. Dist. Ct. App. 1990)
Case details for

Morris v. State

Case Details

Full title:JESSE MORRIS A/K/A TROY WRIGHT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 6, 1990

Citations

570 So. 2d 1113 (Fla. Dist. Ct. App. 1990)