Opinion
No. SC92476.
Opinion filed June 15, 2000.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions First District — Case No. 1D97-1386 (Jackson County).
Robert A. Butterworth, Attorney General, James W. Rogers, Bureau Chief, Criminal Appeals, and L. Michael Billmeier, Assistant Attorney General, Tallahassee, Florida, for Petitioner.
Nancy A. Daniels, Public Defender, and Angela Shelley, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Respondent.
We have for review the decision in Matke v. State, 23 Fla. L. Weekly D469 (Fla. 1st DCA Feb. 13, 1998), on the basis of certified conflict. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Maddox v. State, 25 Fla. L. Weekly S367 (Fla. May 11, 2000), we quash the decision below and find that the unpreserved sentencing error in this case regarding costs does not constitute fundamental error.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.