JEFFREY WHITERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The trial court assessed costs without prior notice or hearing. We reverse the sentence and remand for a hearing so that the trial judge may in his discretion either strike the costs or conduct a hearing to impose costs. Eg. Shipley v. State, 528 So. 2d 902 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Ivey v. State, 519 So. 2d 648 (Fla. 4th DCA 1988).
GLICKSTEIN and WALDEN, JJ., concur. STONE, J., concurs specially with opinion.
STONE, Judge,
concurring specially.
I note that Jenkins has now been cited in over 300 opinions. Those judges and clerks of this district who have not already done so should insure that a system is established to avoid the continuing assessment of costs, contrary to law, without notice and hearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Shipley v. State, 528 So. 2d 902 (Fla. 1988)
- State v. Gillis, 519 So. 2d 648 (Fla. 5th DCA 1987)