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McHAFFIE v. STATE

No. 87-0247.

522 So.2d 1077 (1988)

Larry Eugene McHAFFIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 13, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm on the merits but reverse the imposition of costs pursuant to sections 960.20 and 943.25(4) Florida Statutes (1985), because they were assessed without notice and an opportunity to be heard. See Isaiah v. State, 522 So.2d 1005 (Fla. 4th DCA 1988).

The reversal is without prejudice to the state's right to attempt to obtain a cost judgment after notice and hearing.

AFFIRM IN PART; REVERSE...

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