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Baxley v. State

554 So. 2d 1231, 1990 Fla. App. LEXIS 43, 1990 WL 789
CourtDistrict Court of Appeal of Florida
DecidedJanuary 5, 1990
DocketNo. 89-03152
StatusPublished

This text of 554 So. 2d 1231 (Baxley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baxley v. State, 554 So. 2d 1231, 1990 Fla. App. LEXIS 43, 1990 WL 789 (Fla. Ct. App. 1990).

Opinion

PARKER, Judge.

Waylon Baxley’s appeal contains only one issue which merits discussion. The record reflects that the trial court assessed costs against appellant pursuant to sections 943.25 and 27.3455, Florida Statutes (1985) without giving Baxley notice or the opportunity to be heard. That was reversible error. See Mays v. State, 519 So.2d 618 (Fla.1988); Jenkins v. State, 444 So.2d 947 (Fla.1984). Accordingly, we strike the court costs without prejudice to the state to' seek reassessment of the costs after proper notice.

CAMPBELL, C.J., and RYDER, J., concur.

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Related

Jenkins v. State
444 So. 2d 947 (Supreme Court of Florida, 1984)
Mays v. State
519 So. 2d 618 (Supreme Court of Florida, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
554 So. 2d 1231, 1990 Fla. App. LEXIS 43, 1990 WL 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxley-v-state-fladistctapp-1990.