Munday v. State

Full title: EARL MUNDAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Aug 10, 1989

547 So. 2d 336 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-3000.

August 10, 1989.

Appeal from the Circuit Court for Leon County; Charles McClure, Judge.

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Bradley Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.

BARFIELD, Judge.

The convictions and sentences are AFFIRMED. However, the imposition of costs is REVERSED because appellant was not given adequate notice and opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Williams v. State, 538 So.2d 541 (Fla. 1st DCA 1989); Reese v. State, 521 So.2d 364 (Fla. 1st DCA 1988). The case is REMANDED to the trial court with directions to either strike the imposition of costs or to rehear this issue in accordance with Jenkins.

BOOTH and WIGGINTON, JJ., concur.