WILLIE F. GORDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHARP, Chief Judge.
Gordon appeals from the trial court’s order summarily denying his 3.850 motion, in which he claims the trial court erred in imposing court costs1 because he was not given adequate prior notice and he was indigent. Under Jenkins v. State, 444 So. 2d 947 (Fla.1984), the imposition of costs was improper, and the state here concedes error. Accordingly, we strike the cost assessment and remand for their imposition, at the trial court’s discretion, after due notice and hearing. See Hollis v. State, 525 So. 2d 498 (Fla. 5th DCA 1988).
COBB and DANIEL, JJ., concur. . Gordon’s judgment shows he was ordered to pay $20.00 to the Crimes Compensation Fund, (section 960.20, Florida Statutes) and $2.00 to the Criminal Justice Trust Fund (section 943.-25(4), Florida Statutes),
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vance Lamar Larsen v. State, 543 So. 2d 359 (Fla. 1st DCA 1989)…m. Pursuant to Rule 9.030(a)(2)(A)(iv), Florida Rules of Appellate Procedure, we certify that the decision herein expressly and directly conflicts with decisions of another district court of appeal on the same question of law. See Gordon v. State, 530 So. 2d 1113 (Fla. 5th DCA 1988) and Kirshner v. State, 533 So. 2d 322 (Fla. 5th DCA 1988). THOMPSON and ZEHMER, JJ., concur.…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Masako Teugh v. Teugh, 525 So. 2d 498 (Fla. 2d DCA 1988)
- Hollis v. State, 525 So. 2d 498 (Fla. 5th DCA 1988)