Lowell v. State

District Court of Appeal of Florida

Lowell v. State

649 So. 2d 364, 1995 Fla. App. LEXIS 1188, 1995 WL 51131

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 1995

DocketNo. 94-1661

StatusPublished

Cited by1 cases

This text of 649 So. 2d 364 (Lowell 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

Lowell v. State, 649 So. 2d 364, 1995 Fla. App. LEXIS 1188, 1995 WL 51131 (Fla. Ct. App. 1995).

Pincite

Opinion

PER CURIAM.

AFFIRMED. We affirm the judgment and sentence and the imposition of fees and costs as a condition of probation. The fees and costs were authorized by statute or the appellant agreed to pay them. Michael Paul Lowell entered a written plea stating he would pay the fees and costs and he had the ability to pay them. However, we strike the cost award for First Step of Volusia County, Inc. for three reasons. First, Lowell did not expressly agree in his plea agreement to pay First Step, nor did he state he had the ability to do so. Second, the deposit to First Step was also not mentioned at the plea hearing. Finally, we find no legal basis to impose the cost award to First Step. See Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994).

HARRIS, C.J., and W. SHARP and THOMPSON, JJ., concur.

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

PER CURIAM.

AFFIRMED. We affirm the judgment and sentence and the imposition of fees and costs as a condition of probation. The fees and costs were authorized by statute or the appellant agreed to pay them. Michael Paul Lowell entered a written plea stating he would pay the fees and costs and he had the ability to pay them. However, we strike the cost award for First Step of Volusia County, Inc. for three reasons. First, Lowell did not expressly agree in his plea agreement to pay First Step, nor did he state he had the ability to do so. Second, the deposit to First Step was also not mentioned at the plea hearing. Finally, we find no legal basis to impose the cost award to First Step. See Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994).

HARRIS, C.J., and W. SHARP and THOMPSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

649 So. 2d 364, 1995 Fla. App. LEXIS 1188, 1995 WL 51131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowell-v-state-fladistctapp-1995.

Opinion

Related

Cite This Page — Counsel Stack