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563 So. 2d 214

Hernandez v. State

District Court of Appeal of Florida · decided 1990-07-03

Cited by 2 later decisions — most recently May 1991

2 state decisions

Relies on Anders v. California · 444 So. 2d 947 - Jenkins v. State · 544 So. 2d 1004 - Wood v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-07-03

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JOANOS, Judge.

¶1Appellants Hernandez and Martinez appeal their judgments and sentences imposed after a jury found them guilty of the offenses of sale of cocaine, possession of cocaine with intent to sell, and possession of drug paraphernalia. Appellants’ counsel has filed a brief which complies with the guidelines enunciated in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and states that he is unable to make an argument that any reversible error occurred in the trial court proceedings.

¶2We find no error with respect to the judgments and sentences. However, we find we must reverse the imposition of statutory court costs because they were imposed without notice and an opportunity to object. See Wood v. State, 544 So.2d 1004 (Fla.1989); Jenkins v. State, 444 So.2d 947 (Fla.1984); Harris v. State, 561 So.2d 21 (Fla. 1st DCA 1990). The state may seek reassessment of the costs after proper notice and a hearing.

¶3Accordingly, this cause is affirmed in part, reversed in part, and remanded for further proceedings.

WIGGINTON and ZEHMER, JJ., concur.
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