Fulton v. State

District Court of Appeal of Florida

Fulton v. State

570 So. 2d 1156, 1990 Fla. App. LEXIS 9709, 1990 WL 205508

CourtDistrict Court of Appeal of Florida

DecidedDecember 19, 1990

DocketNo. 90-0630

StatusPublished

This text of 570 So. 2d 1156 (Fulton 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

Fulton v. State, 570 So. 2d 1156, 1990 Fla. App. LEXIS 9709, 1990 WL 205508 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We agree with appellant that the trial court erred in imposing court costs without notice or the opportunity to be heard. Mays v. State, 519 So.2d 618 (Fla.1988). Accordingly, we strike the cost provision of the judgment without prejudice to the state to seek reassessment after proper notice to appellant. The judgment and sentence are in all other respects affirmed.

ANSTEAD, GLICKSTEIN, JJ., and OFTEDAL, RICHARD, L., Associate Judge, concur.

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PER CURIAM.

We agree with appellant that the trial court erred in imposing court costs without notice or the opportunity to be heard. Mays v. State, 519 So.2d 618 (Fla.1988). Accordingly, we strike the cost provision of the judgment without prejudice to the state to seek reassessment after proper notice to appellant. The judgment and sentence are in all other respects affirmed.

ANSTEAD, GLICKSTEIN, JJ., and OFTEDAL, RICHARD, L., Associate Judge, concur.

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Bluebook (online)

570 So. 2d 1156, 1990 Fla. App. LEXIS 9709, 1990 WL 205508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulton-v-state-fladistctapp-1990.

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