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IANNUCCI v. STATE

No. 86-1146.

509 So.2d 381 (1987)

Pasquale Benjamin IANNUCCI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 1, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The appellant raises two points in this appeal. We reject the point relating to the validity of the plea herein. However, we find merit in the appellant's claim of lack of notice as to assessment of costs. See Jenkins v. State, 444 So.2d 947 (Fla. 1984).

Therefore, the judgment and sentence are affirmed, but the award of costs is stricken. Should the state wish to tax costs it may proceed on remand in...

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