JAMES MICHAEL CLARKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1989-08-31
No. 88-1886
COWART and GOSHORN, JJ., concur.
547 So. 2d 1298 Florida District Court of Appeal, Fifth District (1989) Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a judgment requiring costs to be paid by a criminal defendant. Both parties agree the judge erred by imposing the costs without notice to the defendant or giving him an opportunity to be heard.

The costs judgment is reversed.

REVERSED.

COWART and GOSHORN, JJ., concur.

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Cited By

  • Ward v. State, 554 So. 2d 29 (Fla. 5th DCA 1989)
    …sessing costs without notice or an opportunity to be heard. This is error. Wood v. State, 544 So. 2d 1004 (Fla.1989). See also Holmes v. State, 547 So. 2d 695 (Fla. 5th DCA 1989); Norden v. State, 548 So. 2d 303 (Fla. 5th DCA 1989); Clarke v. State, 547 So. 2d 1298 (Fla. 5th DCA 1989); Donohue v. State, 547 So. 2d 1047 (Fla. 5th DCA 1989). The conviction and sentence are affirmed; the costs order is reversed. AFFIRMED in part; REVERSED in part. DAUKSCH, GOSHORN and HARRIS, JJ., concur.…

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