Legal Opinion

Whiters v. State

District Court of Appeal of Florida

Decided November 30, 1988No. 88-0936PublishedCited by 1 opinion

1Per curiam

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.

2Cases cited4 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1984
  2. Mays v. StateSupreme Court of Florida · 1988
  3. Shipley v. StateSupreme Court of Florida · 1988
  4. Ivey v. StateDistrict Court of Appeal of Florida · 1988

3Cited by1 opinion

  1. Riley v. StateDistrict Court of Appeal of Florida · 1988