Landis v. State

550 So. 2d 539, 14 Fla. L. Weekly 2493, 1989 Fla. App. LEXIS 5973, 1989 WL 125700
District Court of Appeal of Florida·Decided October 25, 1989·No. No. 88-2742·Published

Opinion

PER CURIAM.

Without affording the indigent appellant notice and an opportunity to be heard regarding his ability to pay, the trial court ordered him to pay costs and the fees of his public defender. The state concedes that such imposition was error. See Mays v. State, 519 So.2d 618 (Fla.1988); Jenkins v. State, 444 So.2d 947 (Fla.1984); Digangi v. State, 488 So.2d 626 (Fla. 4th DCA 1986); Accordingly, the assessment of costs and fees are stricken. We otherwise affirm the conviction and sentence.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

HERSEY, C.J., and GUNTHER and WARNER, JJ., concur.

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Landis v. State, 550 So. 2d 539, 14 Fla. L. Weekly 2493, 1989 Fla. App. LEXIS 5973, 1989 WL 125700 (Fla. Ct. App. 1989).

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Related

Jenkins v. State
444 So. 2d 947 (Supreme Court of Florida, 1984)
Mays v. State
519 So. 2d 618 (Supreme Court of Florida, 1988)
Digangi v. State
488 So. 2d 626 (District Court of Appeal of Florida, 1986)