HARVEY LEE ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Costs Of Prosecution cases and more on FLexlaw
PER CURIAM.
Appellant complains of certain conditions of his probation which require him to pay “$100 cost of prosecution” and “court costs and contribution to court improvement fund in sum of $250.”
The costs of prosecution are taxable under section 939.01, Florida Statutes (1985). However, at least with respect to indigent defendants, prior notice is required. Mincey v. State, 468 So. 2d 473 (Fla. 4th DCA 1985); State v. Bennington, 384 So. 2d 42 (Fla. 4th DCA 1980); see Jenkins v. State, 444 So. 2d 947 (Fla.1984). Since appellant was declared indigent and no prior notice was given, we strike the requirement to pay costs of prosecution.
The state has offered no authority for requiring a contribution to the court improvement fund. Therefore, we also strike this condition.
Except as indicated above, appellant’s conviction and sentence are affirmed.
GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
-
Alphonso Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987)…6 (Fla. 2d DCA 1987). In addition, the record reveals that the court failed to cite proper statutory authority for assessing the $1,000 costs. On remand if the court assesses costs, the court must cite proper statutory authority. See Allen v. State, 508 So. 2d 360 (Fla. 2d DCA 1987). We affirm the conviction and reverse the sentence. The assessment of costs is [*1069] stricken. This matter is remanded to the trial court for further proceedings consistent with this opinion. PRANK, A.C.J., SANDERLIN, J., an…
-
Latin Express Serv., Inc. v. State, 660 So. 2d 1059 (Fla. 1st DCA 1995)…ponse, appellant asserts that the order did not become final by its own terms until 60 days after its issuance, and that the notice of appeal was therefore timely. Appellant further notes that unlike the situation in Rivers v. Department of Revenue, 508 So. 2d 360 (Fla. 2d DCA 1987), relied upon by appellee in its motion, this order did not specifically inform it that judicial review in the district court of appeal could be instituted by filing a notice of appeal within 30 days. Section 120.59(4), Florida St…
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
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mincey v. State, 468 So. 2d 473 (Fla. 4th DCA 1985)
- Simon v. Paycher, 384 So. 2d 42 (Fla. 4th DCA 1980)
- State v. Bennington, 384 So. 2d 42 (Fla. 4th DCA 1980)