LYNDON KINSER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1988-10-05
No. 88-0132
HERSEY, C.J., and GUNTHER and STONE, JJ., concur.
531 So. 2d 429 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED, except that the imposition of community service in lieu of costs is stricken. See Garland v. State, 524 So. 2d 1170 (Fla. 5th DCA 1988). This is without prejudice to the state’s right to apply for an assessment of costs after notice and hearing under section 27.3455, Florida Statutes (1985), as amended. See Mays v. State, 519 So. 2d 618 (Fla.1988).

HERSEY, C.J., and GUNTHER and STONE, JJ., concur.


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  • Houston v. State, 546 So. 2d 802 (Fla. 4th DCA 1989)
    …ity service. That particular provision was repealed effective October 1, 1986. Since the repeal occurred prior to sentencing, the imposition of community service must be stricken. Hollis v. State, 525 So. 2d 498 (Fla. 5th DCA 1988); Kinser v. State, 531 So. 2d 429 (Fla. 4th DCA 1988). In all other respects, this cause is affirmed. AFFIRMED IN PART; REVERSED IN PART. ANSTEAD and GARRETT, JJ., concur.…

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