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516 So. 2d 1094

516 So.2d 1094

12 Fla.L.Weekly 2887

Reynolds v. State

District Court of Appeal of Florida

Decided December 17, 1987

District Court of Appeal of Florida · decided 1987-12-17

Relies on 444 So. 2d 947 - Jenkins v. State · 490 So. 2d 173 - Brooks v. State · 499 So. 2d 864 - Reynolds v. State

Decided 1987-12-17

¶1EN BANC

UPCHURCH, Chief Judge.

¶2Hubert Reynolds appeals, contending the trial court erred in imposing court costs upon him, an indigent, without notice or opportunity to object. The amount involved was $22.50. No other point has been raised on appeal.

¶3Reynolds was sentenced to twelve years imprisonment, so obviously this is not a matter of great urgency. Twenty dollars of the cost was imposed pursuant to section 960.20, Florida Statutes (1985), and $2.50 pursuant to section 943.25(4).

¶4This court has held that it is error to impose costs under sections 943.25 and 960.20 where the defendant is indigent and is not provided with notice and an opportunity to object. Brooks v. State, 490 So.2d 173 (Fla.5th DCA 1986), citing Jenkins v. State, 444 So.2d 947 (Fla.1984). This case was previously appealed, Reynolds v. State, 499 So.2d 864 (Fla.5th DCA 1986), and the cost issue was not raised. Therefore, we conclude that the issue was waived and cannot be raised now for the first time.

¶5However this case can serve as a vehicle to give notice that this type of error will not be considered until it has been first submitted to the trial court for correction.

¶6AFFIRMED.

DAUKSCH, ORFINGER, COBB, SHARP and COWART, JJ., concur.
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