McDonald v. State, 485 So. 2d 20 (Fla. 2d DCA 1986). · Go Syfert
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McDonald v. State, 485 So. 2d 20 (Fla. 2d DCA 1986). Cases Citing This Book View Copy Cite
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Kenneth Allen McDONALD
v.
STATE of Florida
No. 85-798.
District Court of Appeal of Florida, Second District.
Mar 12, 1986.
485 So. 2d 20
Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for appellant., Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.
Dell, Downey, Letts.
Published

ON MOTION FOR REHEARING

LETTS, Judge.

The rehearing motion is granted and the opinion of January 29, 1986, is withdrawn and the following opinion is substituted:

The sole issue meriting discussion is whether the trial court erred in making an assessment pursuant to section 960.17, Florida Statutes (1983). Since the appellant, an indigent, was not given adequate notice and a full opportunity to object to the assessment as required by Jenkins v. State, 444 So.2d 947 (Fla.1984), the imposition of costs was improper. The imposition of the assessment is reversed, without prejudice and the cause is remanded for further proceedings regarding the assessment of costs, consistent with this opinion.

We find no merit in the other points on appeal.

DOWNEY and DELL, JJ., concur.