McClure v. State

District Court of Appeal of Florida

McClure v. State

575 So. 2d 1352, 1991 Fla. App. LEXIS 1877, 1991 WL 29493

CourtDistrict Court of Appeal of Florida

DecidedMarch 8, 1991

DocketNo. 89-03318

StatusPublished

This text of 575 So. 2d 1352 (McClure 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

McClure v. State, 575 So. 2d 1352, 1991 Fla. App. LEXIS 1877, 1991 WL 29493 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We find no reversible error in regard to appellant’s judgment and sentence for sale of cocaine within one thousand feet of a school. We do find that the court erred in assessing court costs without proper notice and opportunity to be heard. Appellant waived any objection to the court-assessed lien for attorney’s fees. We, therefore, affirm appellant’s conviction and sentence but strike the court costs of $488.50. If the state desires to reimpose such costs, notice and opportunity to be heard must be afforded appellant. Wood v. State, 544 So.2d 1004 (Fla.1989); Jenkins v. State, 444 So.2d 947 (Fla.1984).

Affirmed in part and reversed in part.

CAMPBELL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.

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PER CURIAM.

We find no reversible error in regard to appellant’s judgment and sentence for sale of cocaine within one thousand feet of a school. We do find that the court erred in assessing court costs without proper notice and opportunity to be heard. Appellant waived any objection to the court-assessed lien for attorney’s fees. We, therefore, affirm appellant’s conviction and sentence but strike the court costs of $488.50. If the state desires to reimpose such costs, notice and opportunity to be heard must be afforded appellant. Wood v. State, 544 So.2d 1004 (Fla.1989); Jenkins v. State, 444 So.2d 947 (Fla.1984).

Affirmed in part and reversed in part.

CAMPBELL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.

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Bluebook (online)

575 So. 2d 1352, 1991 Fla. App. LEXIS 1877, 1991 WL 29493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclure-v-state-fladistctapp-1991.

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