Christie v. State

Full title: JOHN CHRISTIE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Feb 17, 1989

538 So. 2d 544 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1412.

February 17, 1989.

An appeal from the Circuit Court for Leon County; Charles D. McClure, Judge.

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.

WIGGINTON, Judge.

This appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The judgment and sentence are affirmed, but we agree with appellant that the trial court erred in imposing court costs under sections 960.20 and 943.25(4), Florida Statutes, without notice or the opportunity to object. Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike the cost provisions without prejudice to the State to seek reassessment after proper notice to appellant. Fanning v. State, 537 So.2d 197 (Fla. 2d DCA 1989).

WENTWORTH and THOMPSON, JJ., concur.