Shively v. State

567 So. 2d 46, 1990 Fla. App. LEXIS 7354, 1990 WL 140275
District Court of Appeal of Florida·Decided September 26, 1990·No. No. 87-02949·Published

Opinion

PER CURIAM.

We hold that the trial judge erred in imposing costs without affording the appellant his due process rights of notice and an opportunity to be heard. Wood v. State, 544 So.2d 1004 (Fla.1989).

[47] Accordingly, we strike the imposition of costs without prejudice to the state to seek reimposition after proper notice.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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Shively v. State, 567 So. 2d 46, 1990 Fla. App. LEXIS 7354, 1990 WL 140275 (Fla. Ct. App. 1990).

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Related

Wood v. State
544 So. 2d 1004 (Supreme Court of Florida, 1989)