Smith v. State, 548 So. 2d 305 (Fla. 1st DCA 1989). · Go Syfert
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Smith v. State, 548 So. 2d 305 (Fla. 1st DCA 1989). Cases Citing This Book View Copy Cite
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Corp., 655 So.2d 250, 251 (Fla. 5th DCA 1995); Sun Bank, N.A. v. Stocks, 548 So.2d 305, 306 (Fla. 1st DCA 1989); J.M.
Evelyn SMITH
v.
STATE of Florida
No. 88-2093.
District Court of Appeal of Florida, First District.
Sep 7, 1989.
548 So. 2d 305
Thomas F. Woods, of Gatlin, Woods, Carlson and Cowdery, Tallahassee, for appellant., Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.
Ervin, Joanos, Shivers.
Cited by 1 opinion  |  Published
SHIVERS, Chief Judge.

Appellant, Evelyn Smith, appeals a conviction and sentence for grand theft by passing worthless bank checks. The case is before us pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm both the conviction and sentence; however, we find that the trial court erred in imposing court costs without providing appellant with the required notice or opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla.1984); Mays v. State, 519 So.2d 618 (Fla.1988). Accordingly, we strike the trial court’s assessment of costs without prejudice to the State to seek reassessment upon proper notice and opportunity to be heard. Raulers v. State, 544 So.2d 338 (Fla. 1st DCA 1989); Collins v. State, 546 So.2d 123 (Fla. 1st DCA 1989).

ERVIN and JOANOS, JJ., concur.