Hardy v. State

District Court of Appeal of Florida

Hardy v. State

503 So. 2d 453, 12 Fla. L. Weekly 700, 1987 Fla. App. LEXIS 7121

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1987

DocketNo. 86-1285

StatusPublished

Cited by3 cases

This text of 503 So. 2d 453 (Hardy 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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Hardy v. State, 503 So. 2d 453, 12 Fla. L. Weekly 700, 1987 Fla. App. LEXIS 7121 (Fla. Ct. App. 1987).

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Opinion

DAUKSCH, Judge.

Appellant contends that the trial court erred by imposing costs. Appellant contends also that section 27.3455, Florida Statutes, as applied, is unconstitutional.

We vacate the sentence and remand for the trial court to make a determination of whether appellant had the ability to pay these costs. In the event that it is determined that appellant is indigent, the trial court may give him a term of community service in lieu of payment of those costs. Gaffney v. State, 497 So.2d 1292 (Fla. 5th DCA 1986); Chance v. State, 498 So.2d 1064 (Fla. 5th DCA 1986); Slaughter v. State, 493 So.2d 1109 (Fla. 1st DCA 1986); Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986). Additionally, this court has recently addressed and upheld the constitutionality of section 27.3455, Florida Statutes. See Gaffney.

SENTENCE VACATED and REMANDED.

UPCHURCH, C.J., and COWART, J., concur.

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DAUKSCH, Judge.

Appellant contends that the trial court erred by imposing costs. Appellant contends also that section 27.3455, Florida Statutes, as applied, is unconstitutional.

We vacate the sentence and remand for the trial court to make a determination of whether appellant had the ability to pay these costs. In the event that it is determined that appellant is indigent, the trial court may give him a term of community service in lieu of payment of those costs. Gaffney v. State, 497 So.2d 1292 (Fla. 5th DCA 1986); Chance v. State, 498 So.2d 1064 (Fla. 5th DCA 1986); Slaughter v. State, 493 So.2d 1109 (Fla. 1st DCA 1986); Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986). Additionally, this court has recently addressed and upheld the constitutionality of section 27.3455, Florida Statutes. See Gaffney.

SENTENCE VACATED and REMANDED.

UPCHURCH, C.J., and COWART, J., concur.

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Bluebook (online)

503 So. 2d 453, 12 Fla. L. Weekly 700, 1987 Fla. App. LEXIS 7121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardy-v-state-fladistctapp-1987.

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