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MILLER v. STATE

No. 2D04-1923.

912 So.2d 1282 (2005)

Glenn Robert MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 4, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Glenn Miller disputes some of the costs imposed at his sentencing for drug and prescription offenses. His arguments are well-taken in part.

A sentencing court may impose mandatory costs without notice. Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). On the other hand, when imposing discretionary costs the court must give the defendant notice and an opportunity to be heard. Id. In either...

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