ALFREDO THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that it was error to impose certain costs on a defendant without proper notice and an opportunity to be heard, especially when the crime predated the statute under which costs were imposed.
Alfredo Thompson was convicted of robbery and sentenced immediately. The trial court imposed various costs, including those under section 27.3455, Flo…
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DAUKSCH, Judge.
The jury found Alfredo Thompson guilty of robbery in violation of section 812.-13(2)(a), Florida Statutes (1983). Immediately upon conviction Thompson was adjudicated guilty and the sentencing hearing commenced. Thompson was sentenced within the presumptive guidelines range to twelve years incarceration with credit for 1,085 days served. The court imposed a $500 fine as well as the following costs: $3.00 pursuant to section 943.25(4), Florida Statutes (1985); $2.00 pursuant to section 943.25(8), Florida Statutes (1985); $20.00 pursuant to section 960.20, Florida Statutes (1985); and $200 pursuant to section 27.-3455, Florida Statutes (1985). Thompson appeals the imposition of these costs.
Thompson’s crime was committed on December 14, 1983. Therefore the trial court improperly imposed costs under section 27.-3455, Florida Statutes (1985). Yost v. State, 507 So. 2d 1099 (Fla.1987).
This court has held that it is error to impose costs under sections 943.25 and 960.20, Florida Statutes (1985) where a defendant is indigent and is not provided with notice and an opportunity to he heard. Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986) citing Jenkins v. State, 444 So. 2d 947 (Fla.1984). In the instant case the costs were imposed at sentencing which took place immediately upon conviction and Thompson was not afforded notice or an opportunity to be heard.
The costs entered pursuant to section 27.3455 are reversed and the case is remanded for a hearing on the issue of costs, with proper notice to Thompson and a determination of his ability to pay.
REVERSED and REMANDED.
ORFINGER and COBB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McKINLEY v. State, 519 So. 2d 1154 (Fla. 5th DCA 1988)…, costs were erroneously imposed under section 27.3455(1), Florida Statutes (1985) as the offenses were committed prior to the effective date of that statute. They are therefore stricken. State v. Yost, 507 So. 2d 1099 (Fla.1987); Thompson v. State, 512 So. 2d 298 (Fla. 5th DCA 1987). REINSTATE FORMER SENTENCE FOR FORGERY; AFFIRM ATTEMPTED SECOND DEGREE MURDER SENTENCE; STRIKE COSTS. ORFINGER, J., concurs. COWART, J., concurs specially with opinion. . Both McKinley and the State agreed to relinquish juris…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- State v. Yost, 507 So. 2d 1099 (Fla. 1987)
- Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986)