McMillian v. State

District Court of Appeal of Florida

McMillian v. State

555 So. 2d 967, 1990 WL 5221

CourtDistrict Court of Appeal of Florida

DecidedJanuary 26, 1990

DocketNo. 87-00853

StatusPublished

This text of 555 So. 2d 967 (McMillian 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.

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McMillian v. State, 555 So. 2d 967, 1990 WL 5221 (Fla. Ct. App. 1990).

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Opinion

SCHEB, Judge.

Defendant, Bobby R. McMillian, was convicted of possession of cocaine, placed on two years’ probation, and assessed court costs. He raises two points on appeal.

We find no merit to the defendant’s first contention that the trial court erred in refusing to suppress evidence obtained from the defendant and his vehicle. We agree with the defendant, however, that it was error to assess court costs without notice and a hearing. Wood v. State, 544 So.2d 1004, 1006 (Fla.1989); Jenkins v. State, 444 So.2d 947 (Fla.1984). Therefore, the cost assessment is stricken without prejudice to the state to seek reimposition of costs after proper notice and hearing.

Otherwise, the defendant’s conviction and sentence are affirmed.

CAMPBELL, C.J., and DANAHY, J., concur.

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