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Johnson v. State

District Court of Appeal of Florida, Second District
Jul 6, 1990
563 So. 2d 826 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-00245.

July 6, 1990.

Appeal from the Circuit Court for Hillsborough County; Susan C. Bucklew, Judge.

James Marion Moorman, Public Defender and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


Defendant appeals from his convictions and sentencing for racketeering, racketeering conspiracy, conspiracy to traffic in cocaine, and trafficking in cocaine.

We strike the costs which were imposed without affording defendant notice and an opportunity to be heard. See Tucker v. State, 559 So.2d 1308 (Fla. 2d DCA 1990).

As to the other contentions on appeal, we affirm. See Ramos v. State, 529 So.2d 807 (Fla. 2d DCA 1988); Buenoano v. State, 527 So.2d 194 (Fla. 1988); Nodal v. State, 524 So.2d 476 (Fla. 2d DCA 1988) ( contra Llabona v. State, 557 So.2d 66 (Fla. 3d DCA 1990)); Hutton v. Sussman, 504 So.2d 1372 (Fla. 3d DCA 1987).

Affirmed except reversed and remanded as to costs.

PATTERSON and ALTENBERND, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Second District
Jul 6, 1990
563 So. 2d 826 (Fla. Dist. Ct. App. 1990)
Case details for

Johnson v. State

Case Details

Full title:JESSIE LEE JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 6, 1990

Citations

563 So. 2d 826 (Fla. Dist. Ct. App. 1990)