¶1We affirm the judgment in this case on the authority of Burch v. State, 558 So.2d 1 (Fla.1990), and also State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989). However, we reverse the sentence so that the trial judge may, in his discretion, either strike the costs, assessed without notice and hearing, or conduct a hearing to impose costs. Jenkins v. State, 444 So.2d 947 (Fla.1984); Mays v. State, 519 So.2d 618 (Fla.1988).
569 So. 2d 1382
Gardner v. State
District Court of Appeal of Florida
Decided November 21, 1990
District Court of Appeal of Florida · decided 1990-11-21
Relies on 444 So. 2d 947 - Jenkins v. State · 519 So. 2d 618 - Mays v. State · 558 So. 2d 1 - Burch v. State
Decided 1990-11-21