JAMES DALE FERRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in imposing certain costs and directing payment of a lien, fine, and surcharge as conditions of parole, as these are matters for the Parole and Probation Commission.
Appellant was convicted of second-degree murder and grand theft. The trial court imposed various costs, a lien for court-appointed counsel, a fine, an…
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PER CURIAM.
James Dale Ferrell appeals his judgment and sentence for second degree murder and grand theft. He raises two arguments. While we do not find any merit in his first contention that the trial court erred in denying his motion for judgment of acquittal, we agree with his second assertion that, since he had been previously adjudicated insolvent, the trial court erred in imposing court costs of $10, $2 and $1 against him under sections 960.20 and 943.-25(4) and (8), Florida Statutes (1981), respectively, and in imposing additional costs of $67. See Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983) (question certified).
In reviewing the judgment and sentence, we note that the court also erred to the extent that it directed that appellant pay as conditions of parole a $2,662 lien for court-appointed counsel, a fine of $952.38, and a surcharge of $47.62 under section 960.25. The Parole and Probation Commission, not the courts, has the sole authority to establish conditions of parole. § 947.-13(l)(b); Brown; Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983).
Accordingly, we remand with directions that the court strike all costs and provide that the lien, fine and surcharge are to be paid, but not as conditions of parole. In all other respects we affirm.
AFFIRMED and REMANDED with directions.
OTT, C.J., and HOBSON and SCHEB, JJ., concur.
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Priest v. State, 450 So. 2d 318 (Fla. 1st DCA 1984)…; State v. Cristodero, 426 So. 2d 977 (Fla. 4th DCA 1982). Appellant Parker Priest also argues that the trial judge’s imposition of a fine as a condition of parole violates Section 947.-13(1)(b), Florida Statutes, as interpreted in Ferrell v. State, 437 So. 2d 782 (Fla. 2d DCA 1983), and Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983). The alleged error was not preserved below. Accordingly, we decline to reach the merits of the issue raised and dismiss without prejudice to appellants’ right to collater…
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Ingram v. State, 442 So. 2d 404 (Fla. 2d DCA 1983)…e indigent prior to trial. Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983) (question certified). Hence, these court costs must be stricken. The court also erred in ordering Ingram to pay the lien and fine as conditions of parole. Ferrell v. State, 437 So. 2d 782 (Fla.2d DCA 1983). The fine and lien should be paid, but not as conditions of parole. Id. The Parole and Probation Commission, not the courts, has the exclusive authority to establish conditions of parole. Id. Accordingly, we affirm the conviction…
Authorities Cited
- Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983)
- Samuel S.J. Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983)