Gardner v. State

569 So. 2d 1382, 1990 Fla. App. LEXIS 8958, 1990 WL 181847
Procedural entryThis page is a short order in Gardner v. State. Read the opinion of the Court — 569 So. 2d 532
District Court of Appeal of Florida·Decided November 21, 1990·No. No. 90-0345·Published

Opinion

PER CURIAM.

We affirm the judgment in this case on the authority of Burch v. State, 558 So.2d 1 (Fla.1990), and also State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989). However, we reverse the sentence so that the trial judge may, in his discretion, either strike the costs, assessed without notice and hearing, or conduct a hearing to impose costs. Jenkins v. State, 444 So.2d 947 (Fla.1984); Mays v. State, 519 So.2d 618 (Fla.1988).

LETTS, STONE and GARRETT, JJ., concur.

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Gardner v. State, 569 So. 2d 1382, 1990 Fla. App. LEXIS 8958, 1990 WL 181847 (Fla. Ct. App. 1990).

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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)
State v. Burch
545 So. 2d 279 (District Court of Appeal of Florida, 1989)
Burch v. State
558 So. 2d 1 (Supreme Court of Florida, 1990)