STATE OF FLORIDA, PETITIONER,
v.
DANIEL LAVERNE VAMPER, RESPONDENT
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The court affirmed the assessment of statutory costs as part of a consensual plea but reversed the attorney's fee award due to a lack of record basis, remanding for a new hearing.
The court reversed the attorney's fee award for lack of record basis, remanding for a new hearing, but affirmed the statutory costs as they were part of a consensual plea.
Daniel Vamper pled nolo contendere to a firearm charge and was assessed statutory costs and an attorney's fee. He appealed both the attorney's fee awa…
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McDonald, justice.
In Vamper v. State, 562 So. 2d 816, 818 (Fla. 3d DCA 1990), the district court certified the following question 'as being of great public importance:
Whether, subsequent to the effective date of chapter 86-154, Laws of Florida, inability to pay is a defense to the assessment (but not enforcement) of costs against a criminal defendant?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We considered a similar question in State v. Beasley, 580 So. 2d 139 (Fla.1991), and held that statutorily mandated costs may be imposed on an indigent defendant without actual notice and without a determination, at time of imposition, of the defendant’s ability to pay. Therefore, we answer the certified question in the negative and approve the district court’s affirmance of the assessment of statutory costs.
It is so ordered.
SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
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Caple v. Tuttle's Design-Build, Inc., 753 So. 2d 49 (Fla. 2000)….” In re Florida Rules of Criminal Procedure, 272 So. 2d 65, 66 (Fla.1972) (Adkins, J., concurring). It is the method of conducting litigation involving rights and corresponding defenses. Skinner v. City of Eustis, 147 Fla. 22, 2 So. 2d 116 (1941). 579 So. 2d 730, 732 (Fla.1991) (emphasis added). See also Benyard v. Wainwright, 322 So. 2d 473, 475 (Fla.1975) (stating that “[sjubstantive law prescribes the duties and rights under our system of government,” while “[procedural law concerns the means and method…
Previewing 3 of 68 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Vamper v. State, 562 So. 2d 816 (Fla. 3d DCA 1990)