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GIBSON v. STATE

No. 88-185.

532 So.2d 1126 (1988)

Robert GIBSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 25, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

Rejecting the appellant's sole point on the merits, we find that the warrantless search of his person which yielded the cocaine with which he was charged was properly based on probable cause. Hence, the conviction is affirmed.

As the state agrees, however, costs were improperly imposed and the award is reversed on the authority of Jenkins v. State, 444 So.2d 947 (Fla. 1984) and Mays v. State,

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