Christie v. State

District Court of Appeal of Florida

Christie v. State

538 So. 2d 544, 14 Fla. L. Weekly 471, 1989 Fla. App. LEXIS 861, 1989 WL 12399

District Court of Appeal of Florida·Decided February 17, 1989·No. No. 88-1412·Published·Cited by 2 cases

Opinion

WIGGINTON, Judge.

This appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The judgment and sentence are affirmed, but we agree with appellant that the trial court erred in imposing court costs under sections 960.20 and 943.25(4), Florida Statutes, without notice or the opportunity to object. Jenkins v. State, 444 So.2d 947 (Fla.1984). Accordingly, we strike the cost provisions without [545] prejudice to the State to seek reassessment after proper notice to appellant. Fanning v. State, 537 So.2d 197 (Fla. 2d DCA 1989).

WENTWORTH and THOMPSON, JJ., concur.

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WIGGINTON, Judge.

This appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The judgment and sentence are affirmed, but we agree with appellant that the trial court erred in imposing court costs under sections 960.20 and 943.25(4), Florida Statutes, without notice or the opportunity to object. Jenkins v. State, 444 So.2d 947 (Fla.1984). Accordingly, we strike the cost provisions without [545] prejudice to the State to seek reassessment after proper notice to appellant. Fanning v. State, 537 So.2d 197 (Fla. 2d DCA 1989).

WENTWORTH and THOMPSON, JJ., concur.

Christie v. State, 538 So. 2d 544, 14 Fla. L. Weekly 471, 1989 Fla. App. LEXIS 861, 1989 WL 12399 (Fla. Ct. App. 1989).

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Opinion

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