Fountain v. State

District Court of Appeal of Florida

Fountain v. State

524 So. 2d 739, 13 Fla. L. Weekly 1166, 1988 Fla. App. LEXIS 1969, 1988 WL 47264

District Court of Appeal of Florida·Decided May 13, 1988·No. No. 87-90·Published·Cited by 1 cases

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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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.

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

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Opinion

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