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Fountain v. State

524 So. 2d 739, 13 Fla. L. Weekly 1166, 1988 Fla. App. LEXIS 1969, 1988 WL 47264
CourtDistrict Court of Appeal of Florida
DecidedMay 13, 1988
DocketNo. 87-90
StatusPublished
Cited by1 cases

This text of 524 So. 2d 739 (Fountain 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
Fountain v. State, 524 So. 2d 739, 13 Fla. L. Weekly 1166, 1988 Fla. App. LEXIS 1969, 1988 WL 47264 (Fla. Ct. App. 1988).

Opinion

NIMMONS, Judge.

The trial court erred by imposing court costs and attorney’s fees without determining the defendant’s ability to pay. Jenkins v. State, 444 So.2d 947 (Fla.1984); Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986); Walker v. State, 458 So.2d 396 (Fla. 1st DCA 1984). Accordingly, the imposition of such costs and fees is reversed and the case remanded for a new hearing upon proper notice to determine the appellant’s ability to pay.

SMITH, C.J., and BOOTH, J., concur.

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Related

Parker v. State
539 So. 2d 1168 (District Court of Appeal of Florida, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
524 So. 2d 739, 13 Fla. L. Weekly 1166, 1988 Fla. App. LEXIS 1969, 1988 WL 47264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fountain-v-state-fladistctapp-1988.