LEON MAXWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
The defendant appeals from the summary denial of a motion to correct an illegal sentence. Fla.R.Crim.P. 3.850. Specifically, defendant contends that because he was declared indigent by the trial court, he should not have been assessed $200 in court costs, but instead, should have been permitted to perform community service in lieu of such costs. See § 27.3455(1), Fla. Stat. (1985). The record before us does not demonstrate that defendant is not entitled to the relief he claims. On the contrary, the record before us appears to support defendant’s contention that he is indigent and therefore should have been required to perform a term of community service in lieu of being assessed with these costs.
We therefore remand this cause to the trial court with directions to either correct the sentence or to attach those portions of the record which demonstrate that after proper notice and an opportunity to be heard on the issue, defendant was determined not to be indigent for the purpose of assessment of costs. See Jenkins v. State, 444 So. 2d 947 (Fla.1984); Haynes v. State, 486 So. 2d 77 (Fla.2d DCA 1986).
REMANDED with directions.
COBB and DAUKSCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Outar v. State, 508 So. 2d 1311 (Fla. 5th DCA 1987)…la. 5th DCA 1986); Evins v. State, 497 So. 2d 1293 (Fla. 5th DCA 1986); Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986), re [*1312] view denied, 506 So. 2d 1041 (Fla.1987); Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986); Maxwell v. State, 492 So. 2d 841 (Fla. 5th DCA 1986); Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986); Fletcher v. State, 491 So. 2d 354 (Fla. 5th DCA), review denied, 500 So. 2d 545 (Fla.1986); Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986). . § 27.3455, Fla.Stat. (198…1 / 2
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Thomas v. State, 512 So. 2d 1099 (Fla. 5th DCA 1987)…State, 497 So. 2d 1293 (Fla. 5th DCA 1986); Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986), review denied, 506 So. 2d 1041 (Fla.1987); Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986), affirmed, 509 So. 2d 924 (Fla.1987); Maxwell v. State, 492 So. 2d 841 (Fla. 5th DCA 1986); Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986); Fletcher v. State, 491 So. 2d 354 (Fla. 5th DCA), review denied, 500 So. 2d 545 (Fla.1986); Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986). . See Jenkins v. State, 444…1 / 2
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Smith v. State, 623 So. 2d 1242 (Fla. 2d DCA 1993)…., concur. . This court and others have previously considered matters of costs imposed against indigent defendants on appeals from denials of motions to correct sentence. See Riddell v. State, 509 So. 2d 956 (Fla. 1st DCA 1987); Maxwell v. State, 492 So. 2d 841 (Fla. 5th DCA 1986); Haynes v. State, 486 So. 2d 77 (Fla. 2d DCA 1986). In a situation such as the instant case, however, in which a [*1243] procedural notice requirement is contested, the defendant is required to set forth a sworn factual basis. Se…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Haynes v. State, 486 So. 2d 77 (Fla. 2d DCA 1986)