Rice v. State (591 So. 2d 212, 1991)

PER CURIAM.

Appellant seeks reversal of the judgment of conviction and sentence, which includes ordering appellant to pay, as costs, $200 to the State Attorney’s Forfeiture and Investigative Trust Fund.

We affirm the judgment and sentence in all respects except the award of costs, which is reversed, since no notice or opportunity to be heard was afforded appellant. Mays v. State, 519 So.2d 618 (Fla.1988); Jenkins v. State, 444 So.2d 947 (Fla.1984).

HERSEY, C.J., and DOWNEY and DELL, JJ., concur.

ON MOTION FOR REHEARING

Appellee’s petition for rehearing is granted and our opinion issued May 22, 1991, reversing the trial court’s imposition of costs without notice to the defendant and an opportunity to be heard contrary to Jenkins v. State, 444 So.2d 947 (Fla.1984), and Mays v. State, 519 So.2d 618 (Fla.1988), is modified pursuant to State v. Beasley, 580 So.2d 139 (Fla.1991), so as to eliminate the reversal as to the costs.

Accordingly, the judgment and sentence are affirmed in all respects.

HERSEY, C.J., and DOWNEY and DELL, JJ., concur.