Priest v. State

661 So. 2d 29, 1994 Fla. App. LEXIS 12598, 1994 WL 714440

Opinion

PER CURIAM.

The defendant, Herman Dejong Priest, appeals his judgment and sentence for robbery with a weapon.¹ We find merit only in his contention that the trial court erred in imposing costs without notice and an opportunity to be heard. Accordingly, we strike the $2 discretionary costs imposed pursuant to section 943.25(13), Florida Statutes (1993). See Sutton v. State, 635 So.2d 1032, 1033 (Fla. 2d DCA 1994) (discretionary costs “cannot be imposed unless a defendant is given notice and an opportunity to be heard, and the record recites the statutory authority for their imposition”).

Reversed.

DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.

Footnotes

1

. § 812.13(1) and (2)(b), Fla.Stat. (1993).