Demers v. State

District Court of Appeal of Florida

Demers v. State

468 So. 2d 461, 10 Fla. L. Weekly 1154, 1985 Fla. App. LEXIS 13879

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 1985

DocketNo. 84-327

StatusPublished

Cited by1 cases

This text of 468 So. 2d 461 (Demers 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.

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Demers v. State, 468 So. 2d 461, 10 Fla. L. Weekly 1154, 1985 Fla. App. LEXIS 13879 (Fla. Ct. App. 1985).

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Opinion

LETTS, Judge.

We affirm defendant’s conviction. We recognize that since no judicial determination was made as to the defendant’s ability to pay, the assessment of $15.00 against defendant for the Crimes Compensation Fund was error under Jenkins v. State, 444 So.2d 947 (Fla.1984). However, in order to avoid further expense, no doubt far in excess of $15.00, we merely strike the assessment rather than remand for a full blown hearing.

AFFIRMED.

HERSEY and BARKETT, JJ., concur.

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LETTS, Judge.

We affirm defendant’s conviction. We recognize that since no judicial determination was made as to the defendant’s ability to pay, the assessment of $15.00 against defendant for the Crimes Compensation Fund was error under Jenkins v. State, 444 So.2d 947 (Fla.1984). However, in order to avoid further expense, no doubt far in excess of $15.00, we merely strike the assessment rather than remand for a full blown hearing.

AFFIRMED.

HERSEY and BARKETT, JJ., concur.

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468 So. 2d 461, 10 Fla. L. Weekly 1154, 1985 Fla. App. LEXIS 13879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demers-v-state-fladistctapp-1985.

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