FREDERICK CAMP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1988-12-29
No. 88-1118
SHARP, C.J., and COBB, J., concur.
536 So. 2d 369 Florida District Court of Appeal, Fifth District (1988) Positive Treatment
Cited by 8 cases
Topics
Ability To Pay Costs Ability To Pay Probation Conditions Due Process

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Opinion of the Court
DANIEL, Judge.

DANIEL, Judge.

The motion to withdraw filed by the Public Defender, Seventh Judicial Circuit, is granted.

However, the assessment of court costs in the amount of $5,000 as a condition of probation was improper as the circuit court did not give proper notice and conduct a hearing to determine if defendant, who was adjudicated indigent, had the ability to pay those costs. This court at one time refused to review alleged due process violations concerning costs imposed on an indigent defendant as a condition of probation on the basis that a defendant would be entitled to a subsequent hearing on his ability to pay before probation could be revoked for failure to pay the costs. See Jones v. State, 518 So. 2d 732 (Fla. 5th DCA 1987).

However, Jones v. State, supra, has been superseded by Harriet v. State, 520 So. 2d 271 (Fla.1988) and Mays v. State, 519 So. 2d 618 (Fla.1988). See Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988).

Therefore, the court costs are stricken and the case is remanded for the trial court at its own discretion to assess costs as a condition of probation after proper notice and a hearing. In all other respects, the orders of probation are affirmed.

SHARP, C.J., and COBB, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA 1990)
    …that the trial court erred under Florida law in imposing costs without prior notice and an opportunity to be heard. We therefore strike those portions of the orders imposing costs. See Jenkins v. State, 444 So. 2d 947 (Fla.1984), and Camp v. State, 536 So. 2d 369 (Fla. 5th DCA 1988). Costs STRICKEN. Convictions AFFIRMED. Sentences VACATED and cause REMANDED with opportunity to the trial court to make adequate written findings of fact and reasons to support imposition of adult sanctions. GOSHORN, J., concur…
  • Boyette v. State, 546 So. 2d 120 (Fla. 5th DCA 1989)
    …the order imposing costs and attorney’s, fees is stricken because the record on appeal does not show that the defendant was given notice or opportunity to be heard as to those matters. See Jenkins v. State, 444 So. 2d 947 (Fla.1984); Camp v. State, 536 So. 2d 369 (Pla. 5th DCA 1988); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988); Riccard v. State, 514 So. 2d 83 (Fla. 5th DCA 1987). The conviction and sentence is otherwise affirmed. AFFIRMED. ORFINGER, SHARP, and COWART, JJ., concur.…
  • Nash v. State, 552 So. 2d 1195 (Fla. 5th DCA 1989)
    …e Harriel v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988). Accordingly, the order of costs is quashed and this matter remanded to the trial court for reimposition of costs after proper notice and hearing. Camp v. State, 536 So. 2d 369 (Fla. 5th DCA 1988); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988). Judgment and sentence AFFIRMED; costs QUASHED; REMANDED. COBB and GOSHORN, JJ., concur. . § 800.04, Fla.Stat. (1987). . § 794.011(2), Fla.Stat. (1987).…

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