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527 So. 2d 968

Docket No. 87-875.

Morgan v. State

Fredrick Lloyd MORGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1988-07-07

Relies on 519 So. 2d 618 - Mays v. State · Harriel v. State · 513 So. 2d 732 - Jones v. State

Decided 1988-07-07

¶1James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3EN BANC

¶4PER CURIAM.

¶5Defendant/appellant Morgan raises two questions on appeal, that is, whether the trial court erred in departing from the recommended guidelines sentence and whether the trial court erred in imposing costs.

¶6The departure sentence is affirmed on the authority of Roseman v. State,519 So.2d 1129 (Fla. 5th DCA 1988).

¶7On the point raised by the appellant concerning the imposition of costs, this court has been governed by Jones v. State,513 So.2d 732 (Fla. 5th DCA 1987). Jones has now been superseded by Harriel v. State,520 So.2d 271 (Fla. 1988) and Mays v. State,519 So.2d 618 (Fla. 1988). See also Morris v. State,524 So.2d 494 (Fla. 5th DCA 1988).

¶8Pursuant to these recent decisions, we quash the imposition of costs below and remand for assessment of costs after notice and hearing in accordance with Harriel and Mays.

¶9AFFIRMED in part; REVERSED in part; REMANDED.

¶10SHARP, C.J., and DAUKSCH, ORFINGER, COBB, COWART and DANIEL, JJ., concur.

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