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Smith v. State

District Court of Appeal of Florida, Fourth District
Feb 27, 1991
574 So. 2d 1228 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-0860.

February 27, 1991.

Appeal from the Circuit Court for Broward County; Patti Englander Henning, Judge.

Richard L. Jorandby, Public Defender and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Sylvia Alonso, Asst. Atty. General, West Palm Beach, for appellee.


We affirm as to Point I on appeal. Burch v. State, 558 So.2d 1 (Fla. 1990).

We also affirm as to Point II on appeal. § 775.021(4), Fla. Stat. (1989).

Point III on appeal questions the imposition of costs without giving appellant adequate notice and an opportunity to be heard. As we have done in numerous cases, we reverse the imposition of costs and remand the cause to the trial court for further proceedings in accordance with Mays v. State, 519 So.2d 618 (Fla. 1988), and Jenkins v. State, 444 So.2d 947 (Fla. 1984).

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

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


Summaries of

Smith v. State

District Court of Appeal of Florida, Fourth District
Feb 27, 1991
574 So. 2d 1228 (Fla. Dist. Ct. App. 1991)
Case details for

Smith v. State

Case Details

Full title:FRED LEE SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 27, 1991

Citations

574 So. 2d 1228 (Fla. Dist. Ct. App. 1991)