DENNIS PICKREL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in ordering the defendant to pay extradition costs as costs of prosecution without considering his financial resources and without the state demonstrating the amount of costs incurred.
The defendant was ordered to pay extradition costs as costs of prosecution. The trial court found the defendant lacked financial resources to pay and …
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PER CURIAM.
The defendant appeals a sentence ordering him to pay extradition costs as costs of prosecution. We reverse.
The defendant argues, and the state concedes, that the trial court erred in ordering him to pay $300 as extradition costs as costs of prosecution. While under section 939.01(1), Florida Statutes (1991), the trial court is to include and enter in the judgment the costs of prosecution, subsection (5) mandates that the trial court consider the amount of the costs incurred, the financial resources of the defendant, the financial needs and earning ability of the defendant, and such other factors as it deems appropriate. In the instant case, the trial court found that the defendant did not have the financial resources to pay the costs .at the present time and that he would not be able to pay them back five years from the date of sentencing, the maximum time allowed under the statute. Hence, the trial court erred in entering the costs on this ground.
Additionally the trial court erred in entering the costs because the state was unable to demonstrate the amount of costs incurred in the extradition as subsection (6) requires. The burden of demonstrating the amount of costs incurred is on the state attorney. At sentencing the prosecutor announced he had no documentation other than a sheet attached to the defendant’s file which read, “Attached please find a letter from the Sheriff’s Department indicating their cost of transporting Dennis Pickrel from Alabama.” No letter was attached, only an extraditions inquiry which indicated when the defendant was logged in. As the defendant points out, even this document was not admitted into evidence nor submitted to the trial court.
GLICKSTEIN, C.J., and DOWNEY and FARMER, JJ., concur.
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Traman D. Tory v. State, 686 So. 2d 689 (Fla. 4th DCA 1996)…urt by a preponderance of the evidence. The State bears the burden of demonstrating the amount of costs incurred, while the defendant must demonstrate his financial resources and financial needs. § 939.01(6), Fla. Stat. (1993). See Pickrel v. State, 609 So. 2d 65 (Fla. 4th DCA1992). In this case the record shows that the appellee did not sustain its burden of demonstrating the qosts incurred, and the trial court did not determine appellant’s ability to pay prior to the imposition of costs. We accordingly st…
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Gant v. State, 640 So. 2d 1180 (Fla. 4th DCA 1994)…urt must consider the defendant’s financial resources. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994) (citing Tennie v. State, 593 So. 2d 1199 (Fla. 2d DCA 1992)); see also Wheeler v. State, 635 So. 2d 140 (Fla. 4th DCA 1994); Pickrel v. State, 609 So. 2d 65 (Fla. 4th DCA 1992) (state has the burden of demonstrating amount of prosecutorial costs). In the instant case, the State filed a notice of intent to seek costs of prosecution but did not document the amount of these costs. Even though Defendant did…
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Stevens v. State, 647 So. 2d 335 (Fla. 4th DCA 1995)…position of $200 in prosecution costs. We agree with appellant that it was improper for the trial court to impose $200 in prosecution costs without taking any evidence to support such costs. See Section 939.01(6), Fla.Stat. (1993); Pickrel v. State, 609 So. 2d 65 (Fla. 4th DCA 1992); Smith v. State, 543 So. 2d 348 (Fla. 5th DCA 1989). Accordingly, we strike the portion of the final judgment imposing $200 in prosecution costs. In all other respects, the conviction and sentence are affirmed. STONE, FARMER…
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