Opinion
No. SC94180.
Opinion filed June 15, 2000.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict
Fourth District — Case No. 4D97-4041
(Palm Beach County)
Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, Florida, for Respondent.
We have for review the decision of Hodge v. State, 718 So.2d 832 (Fla. 4th DCA 1998), in which the Fourth District Court of Appeal cited as controlling authority its decision in Hyden v. State, 715 So.2d 960 (Fla. 4th DCA 1998), approved sub nom. Maddox v. State, 25 Fla. L. Weekly S367 (Fla. May 11, 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla. 1981). We recently determined inMaddox that unpreserved errors in the assessment of costs cannot be raised on direct appeal as fundamental error. Accordingly, we approve the decision below.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.