Legal Opinion

Bell v. State

District Court of Appeal of Florida

Decided July 27, 1990No. 88-00192Published

1Per curiam

Appellant raises two issues on appeal. We find merit in only one. We order the attorney’s fees and costs provision stricken since they were imposed without prior notice and an opportunity to be heard. Mays v. State, 519 So.2d 618 (Fla.1988); Jenkins v. State, 444 So.2d 947 (Fla.1984). As we have recently stated, we see no need to certify the issue because of recent federal decisions interpreting a similar federal statute. Lundy v. State, 559 So.2d 1308 (Fla. 2d DCA 1990).

We, therefore, affirm the appellant’s convictions and sentences but vacate the order imposing costs. On remand, the trial…

2Cases cited3 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1984
  2. Mays v. StateSupreme Court of Florida · 1988
  3. Lundy v. StateDistrict Court of Appeal of Florida · 1990

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