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555 So. 2d 946

Smith v. State

District Court of Appeal of Florida

Decided January 18, 1990

District Court of Appeal of Florida · decided 1990-01-18

Relies on 444 So. 2d 947 - Jenkins v. State · 519 So. 2d 618 - Mays v. State · 553 So. 2d 212 - Rucker v. State

Decided 1990-01-18

PER CURIAM.

¶1Appellant alleges, and appellee does not contest the issue, that costs were assessed against him without notice or an opportunity to be heard. That was error. Mays v. State, 519 So.2d 618 (Fla.1988); Jenkins v. State, 444 So.2d 947 (Fla.1984); Rucker v. State, 553 So.2d 212 (Fla. 4th DCA 1989).

¶2The order assessing costs is reversed. The conviction for armed robbery and the sentence are affirmed.

¶3AFFIRMED m part; REVERSED in part.

DANIEL, C.J., and DAUKSCH and SHARP, JJ., concur.
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