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FULTON v. STATE

No. 90-0630.

570 So.2d 1156 (1990)

Thomas FULTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 19, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard E. Doran, Director, Criminal Appeals, Dept. of Legal Affairs, Tallahassee, 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. Mays v. State, 519 So.2d 618 (Fla. 1988). Accordingly, we strike the cost provision of the judgment without prejudice to the state to seek reassessment after proper notice to appellant. The judgment and sentence are in all other respects affirmed.

ANSTEAD, GLICKSTEIN, JJ., and OFTEDAL...

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