459 So. 2d 1176 | Fla. Dist. Ct. App. | 1984
The defendant appeals from his conviction of possession of heroin. We hold that the court properly denied his motion to suppress and his motion for discharge under the speedy trial rule. However, there are two points concerning costs which must be addressed.
We also find that the final judgment assessing the defendant $300 in attorney’s fees and costs for representation by the public defender was entered in violation of the notice and hearing requirements of section 27.56(7), Florida Statutes (1983). Drumm v. State, 432 So.2d 765 (Fla. 2d DCA 1983).
The defendant’s convictions are affirmed. We strike the condition requiring the payment of $5,000 costs and remand for a determination of actual costs. We also strike the $300 judgment for attorney’s fees and costs without prejudice to reassess these costs upon proper notice and hearing.