Fitzpatrick v. State
This text of 553 So. 2d 396 (Fitzpatrick 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.
Opinion
Patricia FITZPATRICK, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
James B. Gibson, Public Defender, and Kathryn Rollison Radtke, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee, Asst. Atty. Gen., Supervising Atty., and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.
SHARP, Judge.
Fitzpatrick appeals the imposition of costs and the order of restitution imposed without notice and opportunity to be heard. The state concedes error. Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984); Brooks v. State, 490 So.2d 173 (Fla. 5th DCA 1986). We therefore quash the imposition of costs and the order of restitution.
ORDER QUASHED as to costs and restitution.
COBB and GOSHORN, JJ., concur.
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553 So. 2d 396, 1989 WL 150088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-v-state-fladistctapp-1989.