Rutherford v. State

Full title: CHARLES RUTHERFORD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jan 20, 1989

537 So. 2d 201 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-1905.

January 20, 1989.

Appeal from the Circuit Court for Hillsborough County; M. William Graybill, Judge.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We agree with appellant that the trial court erred in imposing court costs without notice or the opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike the cost provision without prejudice to the state to seek reassessment after proper notice to appellant. The judgment and sentence are affirmed in all other respects.

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