Horne v. State

ON MOTION FOR REHEARING AND MOTION FOR CLARIFICATION

We deny appellant’s motion for rehearing, but grant appellee’s motion for clarification, withdraw our opinion filed July 11, 1990 and substitute for it the following:

Appellant, James Wayne Horne, appeals from his sentence as a habitual offender under section 775.084, Florida Statutes (Supp.1988) and from the trial court’s imposition of costs under section 27.3455, Florida Statutes (1987). We affirm the sentence but vacate the imposition of costs.

We find no merit in either appellant’s contention that the trial court failed to make the…