BOBBY COOPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BOBBY COOPER, APPELLANT,
STATE OF FLORIDA, APPELLEE
567 So. 2d 61
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Regardless that appellant had been adjudicated to be indigent and assigned defense counsel, the trial court assessed court costs against appellant without notice and an opportunity to be heard. This was error and so we remand to the trial court with instructions to strike such assessment of court costs. Jenkins v. State, 444 So. 2d 947 (Fla.1984), and Cox v. State, 334 So. 2d 568 (Fla.1976).
In all other respects the judgment and sentence are affirmed.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
WALDEN, GUNTHER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 641 So. 2d 972 (Fla. 4th DCA 1994)…d failed to do so, the case must be reversed and remanded to allow the defendant to withdraw his plea to count V. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); Lee v. State, 501 So. 2d 591 (Fla.1987); and Short v. State, 567 So. 2d 61 (Fla. 4th DCA 1990). As to the fourth issue, the trial court assessed appellate costs against the defendant prospectively. There is no authority for such an imposition of costs. Anderson v. State, 632 So. 2d 132 (Fla. 4th DCA 1994). The portion…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- COX v. State, 334 So. 2d 568 (Fla. 1976)