SMITH v. STATE, 675 So.2d 1050 (Fla.App. 4 Dist. 1996)

ERNEST A. SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 95-0179.District Court of Appeal of Florida, Fourth District.
July 3, 1996.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Dwight Geiger, Judge. L.T. Case No. 94-64-CFA.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sharon A. Wood, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING
PER CURIAM.

This court withdraws its per curiam affirmance of May 15, 1996 and substitutes the following opinion.

The court affirms the conviction of defendant, but strikes that portion of the final judgment which assesses prospective appellate costs. See Davis v. State, 641 So.2d 972 (Fla. 4th DCA 1994).

KLEIN, PARIENTE and GROSS, JJ., concur.

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