OTIS ROOSEVELT STEPHEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
OTIS ROOSEVELT STEPHEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
468 So. 2d 1119
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We strike the order imposing costs upon the indigent appellant without prejudice and remand for reconsideration upon notice to appellant in light of the proofs as to appellant’s ability to pay such costs. Jenkins v. State, 444 So. 2d 947 (Fla.1984); Lawson v. State, 463 So. 2d 1255 (Fla. 4th DCA 1985); and Walker v. State, 458 So. 2d 396 (Fla. 1st DCA 1984).
It is so ordered.
HERSEY, GLICKSTEIN and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Franklin, 901 So. 2d 394 (Fla. 5th DCA 2005)…te v. McClain, 509 So. 2d 1360 (Fla. 2d DCA 1987) (holding that trial court was without authority to dismiss charge filed against defendant or to remove allegation from another charge sua sponte, without obtaining state’s consent); State v. Burnett, 468 So. 2d 1119 (Fla. 4th DCA 1985) (holding that trial court could not sua sponte dismiss charges filed against defendant, as court’s actions were tantamount to entering a nol pros on behalf of state, and decision to nol pros an information is vested solely in the…
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State v. Snook, 247 So. 3d 677 (Fla. 5th DCA 2018)…State v. Wheeler, 745 So. 2d 1094, 1096 (Fla. 4th DCA 1999) (explaining that despite trial court's belief that dismissal is in best interest of public and parties, the state attorney makes final determination to 3 prosecute); State v. Burnett, 468 So. 2d 1119, 1120 (Fla. 4th DCA 1985) (highlighting that rules of criminal procedure enumerate grounds for dismissal and trial court's dismissal of charges without valid legal ground was tantamount to a nolle prosequi, an action vested solely in discretion o…
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State v. Snook, 247 So. 3d 677 (Fla. 5th DCA 2018)…) ); State v. Wheeler , 745 So. 2d 1094, 1096 (Fla. 4th DCA 1999) (explaining that despite trial court's belief that dismissal is in best interest of public and parties, the state attorney makes final determination to prosecute); State v. Burnett , 468 So. 2d 1119, 1120 (Fla. 4th DCA 1985) (highlighting that rules of criminal procedure enumerate grounds for dismissal and trial court's dismissal of charges without valid legal ground was tantamount to a nolle prosequi, an action vested solely in discretion of S…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Walker v. State, 458 So. 2d 396 (Fla. 1st DCA 1984)
- L.H. v. State, 463 So. 2d 1255 (Fla. 3d DCA 1985)
- Lawson v. State, 463 So. 2d 1255 (Fla. 4th DCA 1985)