King v. State

575 So. 2d 1380, 1991 Fla. App. LEXIS 2200, 1991 WL 32997
Procedural entryThis page is a short order in King v. State. Read the opinion of the Court — 557 So. 2d 899
District Court of Appeal of Florida·Decided March 14, 1991·No. No. 90-1703·Published

Opinion

PER CURIAM.

We affirm the defendant’s judgment of conviction and sentence. However, we hold that the trial court erred in imposing court costs without notice and opportunity to be heard. Clark v. State, 560 So.2d 264 (Fla. 5th DCA 1990); Rowe v. State, 558 So.2d 174 (Fla. 5th DCA 1990). Therefore, we strike the imposition of costs without prejudice and remand this cause to the trial court in order for the state to seek reimpo-sition of costs after proper notice and opportunity to be heard.

JUDGMENT AND SENTENCE AFFIRMED; COSTS STRICKEN and CAUSE REMANDED.

DAUKSCH, PETERSON and DIAMANTIS, JJ., concur.

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King v. State, 575 So. 2d 1380, 1991 Fla. App. LEXIS 2200, 1991 WL 32997 (Fla. Ct. App. 1991).

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Related

Rowe v. State
558 So. 2d 174 (District Court of Appeal of Florida, 1990)
Clark v. State
560 So. 2d 264 (District Court of Appeal of Florida, 1990)