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LILLEY v. STATE

No. 4-86-0159.

497 So.2d 715 (1986)

Marvin David LILLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed. However, with respect to the assessment of costs against the appellant, this cause is reversed in part because of non-compliance with Jenkins v. State, 444 So.2d 947 (Fla. 1984) by failure to give the required notice to the defendant. The state may move for the imposition of costs, upon notice to the defendant, should they seek to do so. No gain time shall be forfeited for failure to pay the costs assessed...

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