RICKY R. RIDDELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Riddell, declared indigent and represented by public defender, was assessed $200 in court costs after his guilty plea. The appellate court held that costs cannot be imposed on an indigent defendant without notice, an opportunity to be heard on indigency status, and a judicial finding of ability to pay.
Court costs cannot be automatically imposed on an indigent defendant. The trial court must afford the defendant notice and an opportunity to be heard on the issue of indigency prior to imposing costs, and must make a judicial finding of ability to pay before enforcing cost collection, even under the amended statute.
[1] A trial court must provide notice and an opportunity to be heard on the issue of indigency before imposing costs on a defendant.
[2] The requirement of notice and an opportunity to be heard regarding indigency applies to costs imposed under amended statutes as well as original statutes.
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Join FLexlaw to unlock all legal intelligence“the lower court should have ordered him to perform community service following his incarceration in lieu of assessing $200 in costs pursuant to section 27.3455, Florida Statutes (1985)”
Establishes that indigent defendants may have community service imposed instead of costs
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Join FLexlaw to unlock all legal intelligenceAppellant Riddell was declared indigent for purposes of public defender representation prior to entering a guilty plea. The trial court imposed $200 i…
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WIGGINTON, Judge.
Appellant seeks review of the trial court’s summary denial of his “Motion To Correct Illegal Sentence.” Appellant avers that insofar as he had been declared indigent for purposes of representation by the public defender prior to his plea, the lower court should have ordered him to perform community service following his incarceration in lieu of assessing $200 in costs pursuant to section 27.3455, Florida Statutes (1985).
Viewing the motion on its face, we treat it as one brought pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, and therefore strike the costs and remand the cause to the trial court to afford appellant notice and an opportunity to be heard on the issue of his indigency prior to the imposition of costs. Harris v. State, 498 So. 2d 1371 (Fla. 1st DCA 1986); Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986). Upon remand, appellant will be resentenced under amended section 27.3455, Florida Statutes (1986 Supp.). Jones v. State, 507 So. 2d 763 (Fla. 1st DCA 1987).
JOANOS and ZEHMER, JJ., concur. ON MOTION FOR CLARIFICATION
WIGGINTON, Judge.
The State moves this Court to clarify its opinion, and as grounds therefor says that our remanding the cause to the trial court to afford appellant notice and an opportunity to be heard on the issue of his indigency prior to the imposition of costs is unnecessary if appellant is to be resentenced under amended section 27.3455, Florida Statutes (Supp.1986), since the imposition of costs under that statute is automatic. We disagree, and hold that the supreme court’s decision in Jenkins v. State, 444 So. 2d 947 (Fla.1984), applies to costs imposed under the amended statute.1
JOANOS and ZEHMER, JJ., concur. . In Jenkins, the supreme court determined that the assessment of costs against an indigent defendant under section 960.20, Florida Statutes, and Section 943.25(4), Florida Statutes, is permissible only after notice and an opportunity to object is afforded. Significantly, the supreme court also held that any enforcement of the collection of those costs must occur only after a judicial finding that the indigent defendant has the ability to pay in accordance with the principles enunciated in Fuller v. Oregon, 417 U.S. 40, 90 S.Ct. 2116, 40 L.Ed.2d 642 (1974).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Calhoun v. State, 522 So. 2d 509 (Fla. 1st DCA 1988)…resentenced pursuant to the amended section 27.3455, Florida Statutes (1987), which deletes both the option of imposing community service in lieu of costs for indigent defendants and the penalty provision for failure to pay fines. Riddell v. State, 509 So. 2d 956 (Fla. 1st DCA 1987); Brown v. State, 508 So. 2d 776 (Fla. 1st DCA 1987); Jones v. State, 507 So. 2d 763 (Fla. 1st DCA 1987). Accordingly, we reverse and remand for resentencing within the recommended sentencing guidelines and for rehearing on the i…
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Moore v. State, 530 So. 2d 61 (Fla. 1st DCA 1988)…ide a defendant with adequate notice and an opportunity to object to the assessment. Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947, 950 (Fla. 1984); Gaskin v. State, 513 So. 2d 1087 (Fla. 1st DCA 1987); Riddell v. State, 509 So. 2d 956 (Fla. 1st DCA 1987); Harris v. State, 498 So. 2d 1371 (Fla. 1st DCA 1986). Furthermore, the imposition of such costs may be challenged even though no objection was raised in the trial court. Harriet v. State, 520 So. 2d 271 (Fla.1988); Famam v. Stat…
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Darrin Bellinger v. State, 514 So. 2d 1142 (Fla. 1st DCA 1987)…Florida Statutes (Supp.1986), after appellant is given notice and an opportunity to be heard on the issue of his indigency. Carter v. State, 513 So. 2d 782 (Fla. 1st DCA 1987); Gaskins v. State, 513 So. 2d 1087 (Fla. 1st DCA 1987); Riddell v. State, 509 So. 2d 956 (Fla. 1st DCA 1987). Appellant also was assessed costs of $20.00 pursuant to section 960.20, Florida Statutes, and $2.00 pursuant to section 943.25(4), Florida Statutes. Appellant similarly should have received notice and an opportunity to object…
Previewing 3 of 9 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)
- Fuller v. Oregon, 417 U.S. 40 (U.S. 1974)
- Bethune v. State, 492 So. 2d 404 (Fla. 2d DCA 1986)
- Alphonso Harris v. State, 498 So. 2d 1371 (Fla. 1st DCA 1986)
- Jones v. State, 507 So. 2d 763 (Fla. 1st DCA 1987)