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DEMELO v. STATE

No. 87-958.

522 So.2d 98 (1988)

Edgar DEMELO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 22, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.

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

PER CURIAM.

The order assessing appellate court filing fees and costs for the record on appeal was error since the defendant had been adjudged insolvent. Cliburn v. State, 510 So.2d 1155, 1156 (Fla. 3d DCA 1987).

It was likewise error to assess trial court costs authorized pursuant to sections 943.25(4) and 960.20, Florida Statutes (1985) before affording the defendant notice thereof and an opportunity to defend....

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