DANNY WAYNE CASON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1985-07-02
No. BC-155
BOOTH, C.J., and BARFIELD, J., concur.
473 So. 2d 4 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 4 cases
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Anders V. California Anders V. California Procedure

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Opinion of the Court
WIGGINTON, Judge.

WIGGINTON, Judge.

This appeal is before us pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). See also Reed v. State, 378 So. 2d 899 (Fla. 1st DCA 1980). Appellant filed a pro se brief raising several issues, challenging both his conviction and his sentence. Appellant’s arguments lack merit, and we affirm his conviction and the sentence imposed. However, we note that appellant was improperly assessed costs of $19 under sections 960.20 (Crimes Compensation Trust Fund) and 943.25 (Florida Department of Law Enforcement Training Fund). Since appellant, an indigent, was apparently not given adequate notice and a full opportunity to object to the assessment, as is required under Jenkins v. State, 444 So. 2d 947 (Fla.1984), the imposition of these assessments is reversed, without prejudice to the state to tax them in accordance with the law. Walker v. State, 458 So. 2d 396, 397 (Fla. 1st DCA 1984).

BOOTH, C.J., and BARFIELD, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986)
    …16, 40 L.Ed.2d 642 (1974). In Walker v. State, 458 So. 2d 396 (Fla. 1st DCA 1984), this court reversed an imposition of attorney’s fees assessed pursuant to Section 27.56, Florida Statutes, relying on Jenkins v. State. Similarly, in Cason v. State, 473 So. 2d 4 (Fla. 1st DCA 1985), this court, following Jenkins, reversed the trial court’s imposition of costs assessed under Section 960.20 and 943.25, since the indigent defendant was not provided adequate notice nor a full opportunity to object to the assess…
  • Hughes v. State, 497 So. 2d 938 (Fla. 1st DCA 1986)
    …nly after the defendant was given adequate notice and a full opportunity to object and that collection of the costs could be enforced only after a finding of ability to pay. Accord Walker v. State, 458 So. 2d 396 (Fla. 1st DCA 1984); Cason v. State, 473 So. 2d 4 (Fla. 1st DCA 1985). The Law-ton court held that any distinctions between Section 27.3455 and the statutes involved in Jenkins were insufficient for the court to ignore the procedural safeguards required in connection with other costs statutes. But…

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