Hillery v. State

District Court of Appeal of Florida

Hillery v. State

557 So. 2d 964, 1990 Fla. App. LEXIS 1578, 1990 WL 26955

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 1990

DocketNo. 89-1549

StatusPublished

This text of 557 So. 2d 964 (Hillery 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

Hillery v. State, 557 So. 2d 964, 1990 Fla. App. LEXIS 1578, 1990 WL 26955 (Fla. Ct. App. 1990).

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Opinion

HARRIS, Judge.

Benjamin Hillery appeals the trial judge’s refusal to grant his motion for judgment of acquittal and the court's imposition of costs without notice. We find that the identity of the defendant was adequately established to make a prima facie case and affirm the court’s denial of the motion for judgment of acquittal.

The State concedes that costs were imposed without notice and an opportunity to be heard.¹ The costs judgment must therefore be reversed under the authority of Mays v. State, 519 So.2d 618 (Fla.1988).

AFFIRMED in part, REVERSED and REMANDED.

DANIEL, C.J., and COWART, J„ concur.

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HARRIS, Judge.

Benjamin Hillery appeals the trial judge’s refusal to grant his motion for judgment of acquittal and the court's imposition of costs without notice. We find that the identity of the defendant was adequately established to make a prima facie case and affirm the court’s denial of the motion for judgment of acquittal.

The State concedes that costs were imposed without notice and an opportunity to be heard.¹ The costs judgment must therefore be reversed under the authority of Mays v. State, 519 So.2d 618 (Fla.1988).

AFFIRMED in part, REVERSED and REMANDED.

DANIEL, C.J., and COWART, J„ concur.

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557 So. 2d 964, 1990 Fla. App. LEXIS 1578, 1990 WL 26955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hillery-v-state-fladistctapp-1990.

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