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528 So. 2d 1305

528 So.2d 1305

13 Fla.L.Weekly 1851

Collins v. State

District Court of Appeal of Florida · decided 1988-08-03

Relies on 444 So. 2d 947 - Jenkins v. State · 506 So. 2d 45 - Sescon v. State

Decided 1988-08-03

PER CURIAM.

¶1The appellant challenges costs and attorney’s fees totaling $2,580 assessed against him in eight written judgments of guilt. He argues that these items were improperly imposed because the trial judge did not mention the imposition of costs and attorney’s fees at the sentencing hearing, so that the appellant did not have an opportunity to object.

¶2The state concedes that this case is controlled by our decision in Sescon v. State, 506 So.2d 45 (Fla. 2d DCA 1987), involving a similar situation. In Sescon, we reversed on a holding that the trial judge erred in making no mention of imposition of costs during the sentencing hearing, and later imposing them in a written judgment, without comporting with the procedural requirements in Jenkins v. State, 444 So.2d 947 (Fla.1984).

¶3Accordingly, we reverse the costs and attorney’s fees imposed against the appellant. Our reversal is without prejudice to the state’s seeking to reimpose these costs and fees against the appellant in accordance with Jenkins.

¶4Reversed.

RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.
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