Springer v. State

District Court of Appeal of Florida

Springer v. State

557 So. 2d 188, 1990 Fla. App. LEXIS 1144, 1990 WL 16870

District Court of Appeal of Florida·Decided February 20, 1990·No. No. 89-730·Published·Cited by 1 cases

Opinion

THOMPSON, Judge.

The defendant appeals an order which imposed costs upon him without notice. We reverse.

It is fundamental error to impose costs upon a defendant without giving him notice and an opportunity to be heard. Wood v. State, 544 So.2d 1004 (Fla.1989); Mays v. State, 519 So.2d 618 (Fla.1988). The imposition of costs is reversed and this case is remanded to the trial judge to strike the costs imposed or to impose authorized costs after proper notice and hearing.

REVERSED.

BARFIELD, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

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THOMPSON, Judge.

The defendant appeals an order which imposed costs upon him without notice. We reverse.

It is fundamental error to impose costs upon a defendant without giving him notice and an opportunity to be heard. Wood v. State, 544 So.2d 1004 (Fla.1989); Mays v. State, 519 So.2d 618 (Fla.1988). The imposition of costs is reversed and this case is remanded to the trial judge to strike the costs imposed or to impose authorized costs after proper notice and hearing.

REVERSED.

BARFIELD, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

Springer v. State, 557 So. 2d 188, 1990 Fla. App. LEXIS 1144, 1990 WL 16870 (Fla. Ct. App. 1990).

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Opinion

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