Ward v. State

Full title: JAMES CALVIN WARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 28, 1989

554 So. 2d 29 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-242.

December 28, 1989.

Appeal from the Circuit Court for Volusia County, John W. Watson, III, Judge.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Fleming Lee, Asst. Atty. Gen., and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.

PER CURIAM.

Appellant alleges and appellee concedes the court erred in assessing costs without notice or an opportunity to be heard. This is error. Wood v. State, 544 So.2d 1004 (Fla. 1989). See also Holmes v. State, 547 So.2d 695 (Fla. 5th DCA 1989); Norden v. State, 548 So.2d 303 (Fla. 5th DCA 1989); Clarke v. State, 547 So.2d 1298 (Fla. 5th DCA 1989); Donohue v. State, 547 So.2d 1047 (Fla. 5th DCA 1989).

The conviction and sentence are affirmed; the costs order is reversed.

AFFIRMED in part; REVERSED in part.

DAUKSCH, GOSHORN and HARRIS, JJ., concur.