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564 So. 2d 273

Hives v. State

District Court of Appeal of Florida · decided 1990-07-25

Decided 1990-07-25

PATTERSON, Judge.

¶1The appellant raises two points on appeal. He argues that the state’s delay in bringing him to trial was a violation of his constitutional right to a speedy trial and that the lower court erred in assessing costs and attorney’s fees against him without notice or opportunity to be heard.

¶2As to the first point, we find no merit and affirm the convictions. See Kennedy v. Bonnano (Fla. 2d DCA June 27, 1990). As to the second, the state concedes error. We, therefore, vacate the assessment of costs and attorney’s fees without prejudice to a redetermination upon proper notice and opportunity to be heard.

¶3Reversed and remanded.

LEHAN, A.C.J., and ALTENBERND, J., concur.
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