Legal Opinion

Rogers v. State

District Court of Appeal of Florida

Decided March 14, 1990No. 89-0673Published

1Per curiam 1

We affirm the final judgment of conviction and sentence but reverse the imposition of costs pursuant to section 27.3455 Fla.Stat. (1987) because the court did not afford the defendant due process before imposing these costs. We remand for hearing of this issue without prejudice to the state’s right to attempt to obtain a cost judgment upon hearing. Wood v. State, 544 So.2d 1004 (Fla.1989) (The failure to provide the basic requirements of adequate notice and meaningful hearing prior to the assessment of court costs constitutes fundamental error); Mays v. State, 519 So.2d 618 (Fla.1988);…

Also in this document: Per curiam 2.

2Cases cited7 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1984
  2. Mays v. StateSupreme Court of Florida · 1988
  3. Wood v. StateSupreme Court of Florida · 1989
  4. Sandstrom v. StateDistrict Court of Appeal of Florida · 1980
  5. Sirmons v. StateDistrict Court of Appeal of Florida · 1981

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