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FUTCH v. STATE

No. 87-3599.

531 So.2d 422 (1988)

Clifford Maurice FUTCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 28, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sutherland, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We agree with appellant that the trial court erred in imposing court costs and a fee for the services of the public defender without notice or the opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Barron v. State, 524 So.2d 1138 (Fla. 2d DCA 1988). Accordingly, we strike the cost provision without prejudice to the state to seek reassessment after proper...

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