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REYES v. STATE

No. 88-2613.

541 So.2d 174 (1989)

Benigno REYES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 12, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Carol J. Bickerstaff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm. Nevertheless, we vacate the portion of the sentence imposing costs pursuant to section 27.3455, Florida Statutes (1987). Upon remand, the trial court must give the defendant the opportunity to be heard to determine whether he has the ability to pay costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984), and Shipley v. State, 528 So.2d 902 (Fla. 1988).

AFFIRMED...

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