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572 So. 2d 562

Storts v. State

District Court of Appeal of Florida

Decided December 28, 1990

District Court of Appeal of Florida · decided 1990-12-28

Relies on 444 So. 2d 947 - Jenkins v. State · 519 So. 2d 618 - Mays v. State · 565 So. 2d 721 - Beasley v. State

Decided 1990-12-28

PER CURIAM.

¶1We affirm appellant’s judgment of conviction and sentence for robbery.

¶2Costs were imposed by the trial court against appellant without giving appellant notice or an opportunity to be heard. We reverse such imposition of costs and remand with instructions to strike the costs imposed or conduct a hearing in accordance with Mays v. State, 519 So.2d 618 (Fla.1988); Jenkins v. State, 444 So.2d 947 (Fla.1984) and Kelly v. State, 561 So.2d 1364 (Fla. 4th 1990).

¶3We certify the following question to the Florida Supreme Court:

WHETHER THE IMPOSITION OF COSTS AGAINST AN INDIGENT DEFENDANT IS DIFFERENT THAN THE COLLECTION OF THOSE COSTS MAKING THE QUESTION OF ABILITY TO PAY PREMATURE UNTIL ATTEMPT IS MADE TO COLLECT SUCH COSTS?

¶4See Beasley v. State, 565 So.2d 721 (Fla. 4th 1990); Hostzclaw v. State, 561 So.2d 1323 (Fla. 4th 1990).

¶5*563AFFIRMED IN PART; REVERSED IN PART.

GLICKSTEIN, WALDEN and WARNER, JJ., concur.
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