Kirk v. State

Full title: JOHN KIRK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Mar 9, 1988

521 So. 2d 340 (Fla. Dist. Ct. App. 1988)

Opinion

No. 86-2984.

March 9, 1988.

Appeal from the Circuit Court for Hillsborough County; Manuel Menendez, Jr., Judge.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant's judgment and sentence is affirmed, however, we strike the costs imposed without benefit of notice and hearing. The state may seek reimposition of those costs after appropriate notice and hearing. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Dilla v. State, 503 So.2d 1316 (Fla. 2d DCA 1987).

RYDER, A.C.J., and CAMPBELL and PARKER, JJ., concur.