Hives v. State

District Court of Appeal of Florida

Hives v. State

564 So. 2d 273, 1990 Fla. App. LEXIS 5441, 1990 WL 105508

CourtDistrict Court of Appeal of Florida

DecidedJuly 25, 1990

DocketNo. 88-00267

StatusPublished

This text of 564 So. 2d 273 (Hives 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

Hives v. State, 564 So. 2d 273, 1990 Fla. App. LEXIS 5441, 1990 WL 105508 (Fla. Ct. App. 1990).

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Opinion

PATTERSON, Judge.

The appellant raises two points on appeal. He argues that the state’s delay in bringing him to trial was a violation of his constitutional right to a speedy trial and that the lower court erred in assessing costs and attorney’s fees against him without notice or opportunity to be heard.

As to the first point, we find no merit and affirm the convictions. See Kennedy v. Bonnano (Fla. 2d DCA June 27, 1990). As to the second, the state concedes error. We, therefore, vacate the assessment of costs and attorney’s fees without prejudice to a redetermination upon proper notice and opportunity to be heard.

Reversed and remanded.

LEHAN, A.C.J., and ALTENBERND, J., concur.

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PATTERSON, Judge.

The appellant raises two points on appeal. He argues that the state’s delay in bringing him to trial was a violation of his constitutional right to a speedy trial and that the lower court erred in assessing costs and attorney’s fees against him without notice or opportunity to be heard.

As to the first point, we find no merit and affirm the convictions. See Kennedy v. Bonnano (Fla. 2d DCA June 27, 1990). As to the second, the state concedes error. We, therefore, vacate the assessment of costs and attorney’s fees without prejudice to a redetermination upon proper notice and opportunity to be heard.

Reversed and remanded.

LEHAN, A.C.J., and ALTENBERND, J., concur.

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Bluebook (online)

564 So. 2d 273, 1990 Fla. App. LEXIS 5441, 1990 WL 105508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hives-v-state-fladistctapp-1990.