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511 So. 2d 751

511 So.2d 751

12 Fla.L.Weekly 2093

Coon v. State

District Court of Appeal of Florida

Decided August 28, 1987

District Court of Appeal of Florida · decided 1987-08-28

Relies on 444 So. 2d 947 - Jenkins v. State · 467 So. 2d 1087 - Shaw v. State

Decided 1987-08-28

PER CURIAM.

¶1We affirm the judgment and sentence herein except in the following particular. At the sentencing hearing, the trial judge orally announced he was imposing costs in the amount of $249.50. However, the court’s written judgment ordered the defendant to pay a fine in the sum of $249.50.

¶2■ Because the written judgment varies from the court’s oral pronouncement, we reverse the assessment of the fine and remand for further proceedings. Shaw v. State, 467 So.2d 1087 (Fla. 2d DCA 1985). Should the trial judge choose to reimpose costs to be added to the written judgment, appellant as an indigent must be given notice and an opportunity to be heard, pursuant to Jenkins v. State, 444 So.2d 947 (Fla.1984).

SCHEB, A.C.J., HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
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