IVEY v. STATE

Full title: WALKER FRANKLIN IVEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 24, 1988

519 So. 2d 648 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-0630.

January 6, 1988. Rehearing Denied February 24, 1988.

Appeal from the Circuit Court for Broward County; Lawrence L. Korda, Judge.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the conviction but reverse the imposition of costs because appellant was not afforded notice or a hearing. Jenkins v. State, 444 So.2d 947 (Fla. 1984). Upon remand, the trial court may, in the exercise of its discretion, either enter an order striking costs or conduct a hearing and impose costs.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

DOWNEY, WALDEN and GUNTHER, JJ., concur.