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537 So. 2d 200

537 So.2d 200

14 Fla.L.Weekly 247

Rutherford v. State

District Court of Appeal of Florida

Decided January 20, 1989

District Court of Appeal of Florida · decided 1989-01-20

Relies on 444 So. 2d 947 - Jenkins v. State

Decided 1989-01-20

PER CURIAM.

¶1We agree with appellant that the trial court erred in imposing court costs without notice or the opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla.1984). Accordingly, we strike the cost provision without prejudice to the state to seek reassessment after proper notice to appellant. *201The judgment and sentence are affirmed in all other respects.

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