Opinion
No. 85-578.
July 24, 1985. On Rehearing October 2, 1985.
Appeal from the Circuit Court for Palm Beach County; John E. Born, Judge.
Richard L. Jorandby, Public Defender and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the judgment and sentence in all respects, except that we find the trial court erred in assessing costs against appellant, who had been adjudicated indigent, without notice and an opportunity to be heard, contrary to Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike from the judgment that portion thereof which orders the payment of $15.00 pursuant to Section 960.20, Florida Statutes (1983) and court costs of $2.00.
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.
ON MOTION FOR REHEARING
We grant appellee's motion for rehearing to note only that our decision in Quince v. State, 10 F.L.W. 1795 (Fla. 4th DCA July 24, 1985), does not prevent the state from attempting to tax costs against appellant in accordance with the procedure outlined in Jenkins v. State, 444 So.2d 947 (Fla. 1984).
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.