Crews v. State

District Court of Appeal of Florida

Crews v. State

11 So. 3d 401, 2009 Fla. App. LEXIS 3975, 2009 WL 1162874

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 2009

Docket2D06-5230

StatusPublished

This text of 11 So. 3d 401 (Crews v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crews v. State, 11 So. 3d 401, 2009 Fla. App. LEXIS 3975, 2009 WL 1162874 (Fla. Ct. App. 2009).

Pincite

Opinion

DAVIS, Judge.

Thomas J. Crews, Jr., challenges his conviction and sentence for second-degree murder. We affirm Crews’ conviction without comment but remand for the trial court to strike the cost imposed pursuant to section 775.083, Florida Statutes (2001).

The version of the statute in effect at the time Crews committed his offense required the trial court to make a finding of Crews’ ability to pay prior to imposing the fine. Id. “Because the trial court did not ... determine [appellant’s] ability to pay it, the fine must be stricken. However, the trial court may reimpose this fine if it determines that [appellant] has the ability to pay.” Love v. State, 992 So.2d 823, 824 (Fla. 2d DCA 2008) (citations omitted).

Affirmed and remanded with instructions to strike.

CASANUEVA and SILBERMAN, JJ., Concur.

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