Schroeder v. State

District Court of Appeal of Florida

Schroeder v. State

543 So. 2d 1325, 14 Fla. L. Weekly 1384, 1989 Fla. App. LEXIS 3222, 1989 WL 59490

District Court of Appeal of Florida·Decided June 8, 1989·No. No. 88-893·Published

Opinion

SHARP, Chief Judge.

The state agrees the trial court erred in assessing $205 in costs against Schroeder [1326] without notice, and without making a finding, based on evidence that he has the ability to pay such costs. Accordingly, we quash the imposition of costs. Shipley v. State, 528 So.2d 902 (Fla.1988); Harriel v. State, 520 So.2d 271 (Fla.1988); Mays v. State, 519 So.2d 618 (Fla.1988). Upon remand, and after proper notice and hearing, the trial court may reconsider their imposition. White v. State, 539 So.2d 1190 (Fla. 5th DCA 1989).

Conviction and sentence AFFIRMED; Costs QUASHED; Case REMANDED.

COWART and GOSHORN, JJ., concur.

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

SHARP, Chief Judge.

The state agrees the trial court erred in assessing $205 in costs against Schroeder [1326] without notice, and without making a finding, based on evidence that he has the ability to pay such costs. Accordingly, we quash the imposition of costs. Shipley v. State, 528 So.2d 902 (Fla.1988); Harriel v. State, 520 So.2d 271 (Fla.1988); Mays v. State, 519 So.2d 618 (Fla.1988). Upon remand, and after proper notice and hearing, the trial court may reconsider their imposition. White v. State, 539 So.2d 1190 (Fla. 5th DCA 1989).

Conviction and sentence AFFIRMED; Costs QUASHED; Case REMANDED.

COWART and GOSHORN, JJ., concur.

Schroeder v. State, 543 So. 2d 1325, 14 Fla. L. Weekly 1384, 1989 Fla. App. LEXIS 3222, 1989 WL 59490 (Fla. Ct. App. 1989).

Pincite

543 So. 2d 1325 (Schroeder v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related