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BRANHAM v. STATE

No. 87-1298.

537 So.2d 196 (1989)

Todd BRANHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We agree with appellant that the trial court erred in imposing court costs without notice or the opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we strike the cost provision without prejudice to the state to seek reassessment after proper notice to appellant. The judgments and sentences are affirmed in all other respects.

RYDER, A.C.J., and FRANK and ALTENBERND...

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