JAMES BEAHN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in assessing court costs against an indigent appellant without adequate notice and that the imposition of certain costs violated ex post facto restrictions.
The trial court assessed court costs against an indigent appellant. The appellant was not given adequate notice that these costs would be imposed.…
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HALL, Judge.
James Beahn appeals that portion of the trial court’s order requiring him to pay certain court costs. We agree that the trial court erred in assessing these costs.
The trial court assessed costs against appellant, an indigent, in the amount of $200 pursuant to section 27.-3455, Florida Statutes (1985), $20 pursuant to section 960.20, Florida Statutes (1985), and $2 pursuant to section 943.25(8), Florida Statutes (1985). Since appellant was adjudged insolvent but not given adequate notice that these costs would be imposed upon him, we must remand this cause to the trial court to afford appellant the procedural requirements of Jenkins v. State, 444 So. 2d 947 (Fla.1984).
We also find that the imposition of court costs of $200 pursuant to section 27.3455, Florida Statutes (1985) was a violation of constitutional ex post facto restrictions and reverse that portion of appellant’s judgment. Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986). We certify the question set out in Bowman to the Florida Supreme Court as a question of great public importance.
RYDER, A.C.J., and SCHOONOVER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986)