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Springer v. State

District Court of Appeal of Florida, First District
Feb 20, 1990
557 So. 2d 188 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-730.

February 20, 1990.

Appeal from the Circuit Court, Santa Rosa County, Ben Gordon, J.

Michael E. Allen, Public Defender and David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.


The defendant appeals an order which imposed costs upon him without notice. We reverse.

It is fundamental error to impose costs upon a defendant without giving him notice and an opportunity to be heard. Wood v. State, 544 So.2d 1004 (Fla. 1989); Mays v. State, 519 So.2d 618 (Fla. 1988). The imposition of costs is reversed and this case is remanded to the trial judge to strike the costs imposed or to impose authorized costs after proper notice and hearing.

REVERSED.

BARFIELD, J., and SCHWARTZ, ALAN R., Associate Judge, concur.


Summaries of

Springer v. State

District Court of Appeal of Florida, First District
Feb 20, 1990
557 So. 2d 188 (Fla. Dist. Ct. App. 1990)
Case details for

Springer v. State

Case Details

Full title:CLARENCE WAYNE SPRINGER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 20, 1990

Citations

557 So. 2d 188 (Fla. Dist. Ct. App. 1990)