Wellsv.State

District Court of Appeal of Florida, Fifth DistrictMar 22, 1990
558 So. 2d 205 (Fla. Dist. Ct. App. 1990)

No. 89-1391.

March 22, 1990.

Appeal from the Circuit Court for Brevard County; Lawrence V. Johnston, III, Judge.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan and Pamela D. Cichon, Asst. Attys. Gen., Daytona Beach, for appellee.


Defendant's conviction and sentence are affirmed except for the imposition of costs pursuant to sections 27.3455; 960.20; and 943.25, Florida Statutes (1987), which were imposed without the requisite notice and opportunity to be heard required by Florida law. See Wood v. State, 544 So.2d 1004 (Fla. 1989); Harriel v. State, 520 So.2d 271 (Fla. 1988); Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984). This provision is stricken without prejudice to be assessed in accordance with due process requirements.

AFFIRMED AS MODIFIED.

COWART, GOSHORN and HARRIS, JJ., concur.