JEANNE MARIE HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court reversed in part and affirmed in part, holding that a defendant must receive notice and opportunity to object to cost impositions, and that indigent defendants cannot be assessed costs under section 27.3455 without a judicial determination of ability to pay.
A trial court must provide notice and an opportunity to object before imposing costs on a defendant, and must determine ability to pay before imposing costs under section 27.3455 on an indigent defendant.
[1] A trial court must provide a defendant with notice and an opportunity to object before imposing costs as part of sentencing, following the procedure established in Jenkins v. …
[2] An indigent defendant cannot be assessed costs under section 27.3455, Florida Statutes, unless the trial court makes an explicit determination that the defendant has the…
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Join FLexlaw to unlock all legal intelligenceHarris was sentenced to a three-year probationary period with costs imposed including $20.00 for the Crime Compensation Fund, $250.00 for prosecution …
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COBB, Judge.
Jeanne Marie Harris appeals the imposition of certain costs as part of her three-year probationary period. We affirm in part and reverse in part. Harris was not given notice of and an opportunity to object to the imposition of $20.00 in costs under the Crime Compensation Fund, $250.00 for costs of prosecution, and $200.00 pursuant to section 27.3455, Florida Statutes (1985). Therefore, this case is remanded for the lower court to proceed in accordance with the procedure set forth in Jenkins v. State, 444 So. 2d 947 (Fla.1984). Additionally, since Harris had been adjudicated indigent for purpose of trial, the court must make a determination that Harris has the ability to pay the costs imposed pursuant to section 27.3455 before imposing them. 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., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mays v. State, 519 So. 2d 618 (Fla. 1988)…ought to this Court for review). Several district courts have applied the rationale of Jenkins to section 27.3445 costs. E.g. Gaskin v. State, 513 So. 2d 1087 (Fla. 1st DCA 1987); Canale v. State, 509 So. 2d 1245 (Fla. 2d DCA 1987); Harris v. State, 507 So. 2d 1133 (Fla. 5th DCA 1987). We agree that due process requires notice and an opportunity to be heard prior to assessment of costs under section 27.3455. The due process concerns addressed by this Court in Jenkins do not disappear because an indigent defen…
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Outar v. State, 508 So. 2d 1311 (Fla. 5th DCA 1987)…rovision for failure to pay fees and costs. Therefore, our opinion is not affected by the recent supreme court decision in State v. Yost, 12 F.L.W. 221 (Fla. May 7, 1987). . See Delifus v. State, 507 So. 2d 753 (Fla. 5th DCA 1987); Harris v. State, 507 So. 2d 1133 (Fla. 5th DCA 1987); Hardy v. State, 503 So. 2d 453 (Fla. 5th DCA 1987); Chance v. State, 498 So. 2d 1064 (Fla. 5th DCA 1986); Butler v. State, 498 So. 2d 611 (Fla. 5th DCA 1986); Evins v. State, 497 So. 2d 1293 (Fla. 5th DCA 1986); Gaffney v. State…1 / 2
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Thomas v. State, 512 So. 2d 1099 (Fla. 5th DCA 1987)…984); State v. Cristodero, 426 So. 2d 977 (Fla. 4th DCA 1982), review denied, sub nom., O'Donnell v. State, 436 So. 2d 100 (Fla.1983) and Rossi v. State, 436 So. 2d 100 (Fla.1983). . See Jenkins v. State, 444 So. 2d 947 (Fla.1984); Harris v. State, 507 So. 2d 1133 (Fla. 5th DCA 1987); Delifus v. State, 507 So. 2d 753 (Fla. 5th DCA 1987); Hardy v. State, 503 So. 2d 453 (Fla. 5th DCA 1987); Chance v. State, 498 So. 2d 1064 (Fla. 5th DCA 1986); Butler v. State, 498 So. 2d 611 (Fla. 5th DCA 1986); Evins v. State,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Bethune v. State, 492 So. 2d 404 (Fla. 2d DCA 1986)
- Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986)
- Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986)
- Ozell Chance v. State, 498 So. 2d 1064 (Fla. 5th DCA 1986)
- Mays v. State, 502 So. 2d 1330 (Fla. 4th DCA 1987)
- Roudabush v. State, 502 So. 2d 532 (Fla. 4th DCA 1987)