MILTON R. FARMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Farmer appeals a judgment and sentences, including the assessment of attorney’s fees and costs, which adjudicated him guilty of grand theft and resisting an officer. We affirm the judgment and sentences but strike the assessment of fees and costs.
Although Farmer raises six points on appeal, we find only one has merit. Farmer received no notice or hearing prior to the imposition of attorney’s fees and costs. These fees and costs are struck without prejudice for the state to seek reassessment in accordance with Jenkins v. State, 444 So. 2d 947 (Fla.1984).
The judgment and sentences are affirmed; the fees and costs are struck. Remanded with directions to the trial court.
CAMPBELL, C.J., and THREADGILL and PARKER, JJ., concur.
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Johnson v. State, 561 So. 2d 1254 (Fla. 2d DCA 1990)…court, in the order placing him on probation, erred in establishing the amount of restitution, see Peters v. State, 555 So. 2d 450 (Fla. 4th DCA 1990), by imposing a public defender fee without notice and an opportunity to be heard, Farmer v. State, 535 So. 2d 358 (Fla. 2d DCA 1988), by requiring the appellant to remain at least three blocks away from known high drug areas, Huff v. State, 554 So. 2d 616 (Fla. 2d DCA 1989), and by not having the written order placing the appellant on probation recite that prob…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)