THOMAS NOBLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1990-12-12
No. 89-1069
HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.
570 So. 2d 1133 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the judgment and sentence, but reverse the imposition of a public defender’s fee and statutory costs and remand. Appellant was not provided notice as required by Thomas v. State, 486 So. 2d 69 (Fla. 4th DCA 1986), and Mays v. State, 519 So. 2d 618 (Fla.1988).

HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.


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    …to make the record show that all requirements of due process, including the opportunity to be heard on the instruction to be given, have been met. This “blue card” statement will not suffice to meet that important responsibility. Westlund v. State, 570 So. 2d 1133 (Fla. 4th DCA 1990), is not controlling here because, in Westlund, the record shows counsel was present and simply failed to object to the court’s action. Accordingly, the judgment of conviction and sentence appealed from are reversed and the cause…
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