CHRISTOPHER ROYAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed imposition of court costs on an indigent defendant convicted of aggravated assault, requiring trial court to make specific finding of ability to pay before imposing costs or ordering community service instead.
A trial court must make a specific finding of ability to pay before imposing court costs on an indigent defendant, or alternatively impose community service in lieu of costs.
[1] A trial court must make a specific finding of ability to pay before imposing court costs on a presumptively indigent defendant, or alternatively impose community service…
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Join FLexlaw to unlock all legal intelligenceChristopher Royal was convicted of aggravated assault and sentenced to 18 months incarceration. The trial court imposed court costs of $290 pursuant t…
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THOMPSON, Judge.
Appellant Royal does not contest the validity of his conviction or of his sentence to 18 months incarceration for the crime of aggravated assault, but does assert in this appeal that the trial court erred in several respects in imposing court costs pursuant to § 27.3455, Fla.Stat. (1985). We decline to consider appellant’s ex post facto argument because that issue was not raised below. Slaughter v. State, 493 So. 2d 1109 (Fla. 1st DCA 1986). We do find merit, however, in the appellant’s contention that due to his presumptive indigency, Harris v. State, 498 So. 2d 1371 (Fla. 1st DCA 1986), the court should either have made a specific finding of ability to pay prior to imposing the costs or should have imposed a term of community service in lieu of costs. Harris; Helms v. State, 499 So. 2d 46 (Fla. 1st DCA 1986); Slaughter; Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986).
We assume that the notation on appellant’s judgment indicating that he is to pay “additional court costs” in the amount of $290, rather than in the statutorily prescribed amount of $200, is a typographical error which will be corrected upon remand. The imposition of court costs pursuant to § 27.3455 is reversed, and the cause is remanded to the trial court for further proceedings to include a determination of indi-gency.
JOANOS and NIMMONS, JJ„ concur.
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Trans World Tire Co. & Transp. Cas. Ins. Co. v. Hagness, 651 So. 2d 124 (Fla. 1st DCA 1995)…customarily charged for similar services is properly treated as a major consideration in determining the amount of fee due in bad faith cases where the amount of benefits involved are minimal.”); Bacon v. Broward Employment [*126] & Training Admin., 501 So. 2d 724, 726 (Fla. 1st DCA 1987), dismissed, 509 So. 2d 1117 (Fla.1987). In light of the general rule vesting the JCC with considerable discretion in determining what constitutes a reasonable fee, and the legislature’s intent that section 440.34 standardiz…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Slaughter v. State, 493 So. 2d 1109 (Fla. 1st DCA 1986)
- Bethune v. State, 492 So. 2d 404 (Fla. 2d DCA 1986)
- Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986)
- Alphonso Harris v. State, 498 So. 2d 1371 (Fla. 1st DCA 1986)
- Helms v. State, 499 So. 2d 46 (Fla. 1st DCA 1986)