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STATE v. BENNINGTON

No. 79-1892.

384 So.2d 42 (1980)

STATE of Florida, Appellant, v. George BENNINGTON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 18, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Marc E. Kirk, Asst. Atty. Gen., West Palm Beach, for appellant.

Paul M. Rashkind of Sams, Gerstein & Ward, P.A., Miami, for appellee.

PER CURIAM.

The State appeals the denial of its oral motion to tax costs against the appellee made pursuant to Section 939.01, Florida Statutes (1977). We affirm.

Upon proper motion, Section 939.01 requires the court to include the appropriate costs of prosecution in a judgment rendered against a convicted person. However, the defendant is entitled to prior notice and an opportunity to prepare and be heard on the...

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