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

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 1989

DocketNo. 88-893

StatusPublished

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

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Opinion

SHARP, Chief Judge.

The state agrees the trial court erred in assessing $205 in costs against Schroeder [1326]*1326without 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.

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SHARP, Chief Judge.

The state agrees the trial court erred in assessing $205 in costs against Schroeder [1326]*1326without 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.

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543 So. 2d 1325, 14 Fla. L. Weekly 1384, 1989 Fla. App. LEXIS 3222, 1989 WL 59490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schroeder-v-state-fladistctapp-1989.

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