Cook v. State

District Court of Appeal of Florida

Cook v. State

616 So. 2d 641, 1993 Fla. App. LEXIS 4737, 1993 WL 130957

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 1993

DocketNo. 92-2175

StatusPublished

This text of 616 So. 2d 641 (Cook 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.

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Cook v. State, 616 So. 2d 641, 1993 Fla. App. LEXIS 4737, 1993 WL 130957 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

We affirm appellant’s conviction and find any error in the admission of evidence to be harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). We agree with appellant that the state failed to prove the costs of prosecution which were subsequently taxed against appellant. We remand with directions to strike these costs, but without prejudice to the state to seek imposition of costs in its discretion upon proper notice [642]*642and hearing within a reasonable time after remand.

ANSTEAD, HERSEY and WARNER, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction and find any error in the admission of evidence to be harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). We agree with appellant that the state failed to prove the costs of prosecution which were subsequently taxed against appellant. We remand with directions to strike these costs, but without prejudice to the state to seek imposition of costs in its discretion upon proper notice [642]*642and hearing within a reasonable time after remand.

ANSTEAD, HERSEY and WARNER, JJ., concur.

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616 So. 2d 641, 1993 Fla. App. LEXIS 4737, 1993 WL 130957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-fladistctapp-1993.

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