May 1, 1991. Rehearing Denied May 20, 1991.
Appeal from the Circuit Court for Indian River County; L.B. Vocelle, Judge.
Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Lynn G. Waxman, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the conviction and sentence. However, we reverse the imposition of costs because the costs were imposed without adequate notice to and an opportunity to be heard by the defendant. See Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984).
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
GUNTHER and POLEN, JJ., concur.
WARNER, J., concurring in part and dissenting in part with opinion.
I would reverse the conviction for possession of cocaine with intent to sell because the evidence is insufficient to prove constructive possession. Murphy v. State, 511 So.2d 397 (Fla. 4th DCA 1987).
I agree with the majority as to the reversal of the imposition of costs.