JAMES A. MAYS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence, affirmed the $200 costs assessment under section 27.3455 (allowing community service alternative), but reversed the $22.50 costs assessment under sections 960.20 and 943.25 due to lack of notice and opportunity to object.
Costs under section 27.3455 may be assessed without prior notice and opportunity to object because that statute permits community service as an alternative, but costs under sections 960.20 and 943.25 require notice and opportunity to object.
[1] Costs assessed under Fla. …
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Join FLexlaw to unlock all legal intelligenceAppellant Mays was convicted and sentenced. The trial court taxed $200 in costs under section 27.3455 and $22.50 in costs under sections 960.20 and 94…
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PER CURIAM.
We affirm appellant’s conviction and sentence. We also affirm the trial court’s order taxing $200 costs against appellant pursuant to section 27.3455, Florida Statutes (1985), without prejudice to appellant, upon proper motion, to seek community service in lieu of the costs as provided in this statute. Butler v. State, 492 So. 2d 757 (Fla. 4th DCA 1986). However, we reverse the trial court’s order taxing $22.50 costs pursuant to sections 960.20 and 943.-25, Florida Statutes (1985) because the trial court failed to give appellant notice and an opportunity to object to the assessment of these costs. Our reversal is without prejudice to the state to seek reassessment of these costs in accordance with Jenkins v. State, 444 So. 2d 947 (Fla.1984).
Section 27.3455 permits an indigent defendant to seek community service as an alternative and places the burden of asking for such relief upon him. Sections 960.20 and 943.25 do not provide for such an alternative. Therefore we hold that the rationale of Jenkins is not applicable to costs taxed under section 27.3455. We recognize that our opinion is in conflict with Hughes v. State, 497 So. 2d 938 (Fla. 1st DCA 1986) and Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986).
AFFIRMED IN PART and REVERSED IN PART.
DELL, GUNTHER and STONE, JJ., concur.
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Mays v. State, 519 So. 2d 618 (Fla. 1988)…EHRLICH, Justice. We have for review Mays v. State, 502 So. 2d 1330 (Fla. 4th DCA 1987) in which the district court expressly acknowledged conflict with Hughes v. State, 497 So. 2d 938 (Fla. 1st DCA 1986) and Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986) rev. denied, 506 So. 2d 1041 (Fla.1987), on the issue…
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Harris v. State, 507 So. 2d 1133 (Fla. 5th DCA 1987)…hem. See Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986); Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986); Chance v. State, 498 So. 2d 1064 (Fla. 5th DCA 1986). Contra, Roudabush v. State, 502 So. 2d 532 (Fla. 4th DCA 1987); Mays v. State, 502 So. 2d 1330 (Fla. 4th DCA 1987). Should the court find that Harris is indigent for the purposes of this section, it must impose community service time in lieu of these costs. REVERSED in part; AFFIRMED in part; and REMANDED. UPCHURCH, C.J., and ORFINGER, J.…
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Curry v. State, 510 So. 2d 317 (Fla. 4th DCA 1987)…hearing to re-determine whether he is an indigent after his trial. Notice is not necessary because the statute taxing costs gives the defendant the option to seek community service. Davis v. State, 501 So. 2d 744 (Fla. 4th DCA 1987); Mays v. State, 502 So. 2d 1330 (Fla. 4th DCA 1987). Otherwise, notice is mandated. Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986); Jenkins v. State, 444 So. 2d 947 (Fla.1984). Accordingly, we reverse the defendant’s conviction and remand for a new trial. HERSEY, C.J., an…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986)
- Hoffman v. Kye S. Hoffman, 497 So. 2d 938 (Fla. 1st DCA 1986)
- Butler v. State, 492 So. 2d 757 (Fla. 4th DCA 1986)