Fitzpatrick v. State

Patricia FITZPATRICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 14, 1989.

District Court of Appeal of Florida · decided 1989-12-14

Cited by 3 later decisions — most recently October 1992

3 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · 519 So. 2d 618 - Mays v. State · 490 So. 2d 173 - Brooks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-12-14

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¶1James B. Gibson, Public Defender, and Kathryn Rollison Radtke, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee, Asst. Atty. Gen., Supervising Atty., and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.

¶3SHARP, Judge.

¶4Fitzpatrick appeals the imposition of costs and the order of restitution imposed without notice and opportunity to be heard. The state concedes error. Mays v. State,519 So.2d 618 (Fla. 1988); Jenkins v. State,444 So.2d 947 (Fla. 1984); Brooks v. State,490 So.2d 173 (Fla. 5th DCA 1986). We therefore quash the imposition of costs and the order of restitution.

¶5ORDER QUASHED as to costs and restitution.

¶6COBB and GOSHORN, JJ., concur.