HILLERY v. STATE

No. 89-1549.

557 So.2d 964 (1990)

Benjamin HILLERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 15, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and George D.E. Burden, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


HARRIS, Judge.

Benjamin Hillery appeals the trial judge's refusal to grant his motion for judgment of acquittal and the court's imposition of costs without notice. We find that the identity of the defendant was adequately established to make a prima facie case and affirm the court's denial of the motion for judgment of acquittal.

The State concedes that costs were imposed without notice and an opportunity to be heard.1 The...

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