Fabius v. State

District Court of Appeal of Florida

Fabius v. State

531 So. 2d 427, 13 Fla. L. Weekly 2268, 1988 Fla. App. LEXIS 4429, 1988 WL 101059

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 1988

DocketNo. 87-1403

StatusPublished

This text of 531 So. 2d 427 (Fabius 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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Fabius v. State, 531 So. 2d 427, 13 Fla. L. Weekly 2268, 1988 Fla. App. LEXIS 4429, 1988 WL 101059 (Fla. Ct. App. 1988).

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Opinion

GUNTHER, Judge.

We affirm in all respects except we reverse the assessment, of costs and the delegation of decision to appellant’s probation officer.

The state concedes that the trial court erred in assessing $200 court costs against appellant without prior notice to appellant pursuant to Mays v. State, 519 So.2d 618 (Fla.1988). The state also concedes that the trial court erred in delegating the decision to appellant’s probation officer as to whether appellant should pay the $200 costs or perform the equivalent in community service at minimum wage. Goodling v. State, 482 So.2d 594 (Fla. 4th DCA 1986). Therefore, we reverse the assessment of coste and the delegation of decision.

AFFIRMED IN PART; REVERSED IN PART, and REMANDED.

HERSEY, C.J., and STONE, J„ concur.

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GUNTHER, Judge.

We affirm in all respects except we reverse the assessment, of costs and the delegation of decision to appellant’s probation officer.

The state concedes that the trial court erred in assessing $200 court costs against appellant without prior notice to appellant pursuant to Mays v. State, 519 So.2d 618 (Fla.1988). The state also concedes that the trial court erred in delegating the decision to appellant’s probation officer as to whether appellant should pay the $200 costs or perform the equivalent in community service at minimum wage. Goodling v. State, 482 So.2d 594 (Fla. 4th DCA 1986). Therefore, we reverse the assessment of coste and the delegation of decision.

AFFIRMED IN PART; REVERSED IN PART, and REMANDED.

HERSEY, C.J., and STONE, J„ concur.

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531 So. 2d 427, 13 Fla. L. Weekly 2268, 1988 Fla. App. LEXIS 4429, 1988 WL 101059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fabius-v-state-fladistctapp-1988.

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