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567 So. 2d 61

Cooper v. State

District Court of Appeal of Florida

Decided October 3, 1990

District Court of Appeal of Florida · decided 1990-10-03

Relies on 444 So. 2d 947 - Jenkins v. State · 334 So. 2d 568 - Cox v. State

Decided 1990-10-03

PER CURIAM.

¶1Regardless that appellant had been adjudicated to be indigent and assigned defense counsel, the trial court assessed court costs against appellant without notice and an opportunity to be heard. This was error and so we remand to the trial court with instructions to strike such assessment of court costs. Jenkins v. State, 444 So.2d 947 (Fla.1984), and Cox v. State, 334 So.2d 568 (Fla.1976).

¶2In all other respects the judgment and sentence are affirmed.

¶3AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

WALDEN, GUNTHER and POLEN, JJ., concur.
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