Helms v. State

District Court of Appeal of Florida

Helms v. State

499 So. 2d 46, 12 Fla. L. Weekly 143, 1986 Fla. App. LEXIS 11010

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 1986

DocketNo. BL-492

StatusPublished

Cited by1 cases

This text of 499 So. 2d 46 (Helms 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

Helms v. State, 499 So. 2d 46, 12 Fla. L. Weekly 143, 1986 Fla. App. LEXIS 11010 (Fla. Ct. App. 1986).

Pincite

Opinion

JOANOS, Judge.

Helms appeals from the imposition of costs pursuant to Section 27.3455 Florida Statutes (1985) following his plea of guilty to burglary. We reverse.

[47]*47Helms contends that he was entitled to an indigency determination by the trial court at the time of sentencing before the court assessed costs. We agree. This court has held that the trial court is required to determine appellant’s indigency before assessing costs and an appellant found indigent under Section 27.3455 Florida Statutes (1985) must be ordered to serve a term of community service in lieu of the imposition of additional court costs. Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986); Slaughter v. State, 493 So.2d 1109 (Fla. 1st DCA 1986); Day v. State, 496 So.2d 986 (Fla. 1st DCA 1986); Hughes v. State, 497 So.2d 938 (Fla. 1st DCA 1986).

Therefore we reverse the imposition of court costs and remand to the trial court for further proceedings to include a determination of indigency.

MILLS and SHIVERS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

JOANOS, Judge.

Helms appeals from the imposition of costs pursuant to Section 27.3455 Florida Statutes (1985) following his plea of guilty to burglary. We reverse.

[47]*47Helms contends that he was entitled to an indigency determination by the trial court at the time of sentencing before the court assessed costs. We agree. This court has held that the trial court is required to determine appellant’s indigency before assessing costs and an appellant found indigent under Section 27.3455 Florida Statutes (1985) must be ordered to serve a term of community service in lieu of the imposition of additional court costs. Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986); Slaughter v. State, 493 So.2d 1109 (Fla. 1st DCA 1986); Day v. State, 496 So.2d 986 (Fla. 1st DCA 1986); Hughes v. State, 497 So.2d 938 (Fla. 1st DCA 1986).

Therefore we reverse the imposition of court costs and remand to the trial court for further proceedings to include a determination of indigency.

MILLS and SHIVERS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

499 So. 2d 46, 12 Fla. L. Weekly 143, 1986 Fla. App. LEXIS 11010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helms-v-state-fladistctapp-1986.

Opinion

Related

Cite This Page — Counsel Stack