Opinion
No. 88-0936.
November 30, 1988.
Appeal from the Circuit Court for Broward County; M. Daniel Futch, Jr., Judge.
Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.
The trial court assessed costs without prior notice or hearing. We reverse the sentence and remand for a hearing so that the trial judge may in his discretion either strike the costs or conduct a hearing to impose costs. Eg. Shipley v. State, 528 So.2d 902 (Fla. 1988); Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984); Ivey v. State, 519 So.2d 648 (Fla. 4th DCA 1988).
GLICKSTEIN and WALDEN, JJ., concur.
STONE, J., concurs specially with opinion.
I note that Jenkins has now been cited in over 300 opinions. Those judges and clerks of this district who have not already done so should insure that a system is established to avoid the continuing assessment of costs, contrary to law, without notice and hearing.