Sallette v. State

Full title: KEVIN SALLETTE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 6, 1989

553 So. 2d 330 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1908.

December 6, 1989.

Appeal from the Circuit Court, St. Lucie County, L.B. Vocelle, J.

Richard L. Jorandby, Public Defender, Margaret Good, Asst. Public Defender, and Eric Conn, Legal Intern, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Fees and costs were imposed against appellant without giving him adequate notice and an opportunity to be heard. This constitutes error, Jenkins v. State, 444 So.2d 947 (Fla. 1984); Mays v. State, 519 So.2d 618 (Fla. 1988), of fundamental proportions. Wood v. State, 544 So.2d 1004, 1006 (Fla. 1989). We reverse and remand without prejudice to the state's right to again seek fees and costs after notice and hearing.

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