McHaffie v. State

Full title: LARRY EUGENE McHAFFIE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 13, 1988

522 So. 2d 1077 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-0247.

April 13, 1988.

Appeal from the Circuit Court for Broward County; Patti Englander Henning, Judge.

Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm on the merits but reverse the imposition of costs pursuant to sections 960.20 and 943.25(4) Florida Statutes (1985), because they were assessed without notice and an opportunity to be heard. See Isaiah v. State, 522 So.2d 1005 (Fla. 4th DCA 1988).

The reversal is without prejudice to the state's right to attempt to obtain a cost judgment after notice and hearing.

AFFIRM IN PART; REVERSE IN PART.

DOWNEY, WALDEN and STONE, JJ., concur.