CARLTON LEROY WHEELER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Carlton Wheeler appeals his judgment and sentence including an order of probation assessing, in part, the costs of prosecution. We affirm Wheeler’s judgment and sentence but reverse the assessment of prosecution costs.
Before prosecution costs can be imposed on a defendant pursuant to section 939.01, Florida Statutes (1991), the State must demonstrate the amount spent on prosecuting the defendant and the trial court must consider the defendant’s financial resources. Smith v. State, 543 So. 2d 348 (Fla. 5th DCA 1989). Because the record reflects that no evidence was presented regarding the amount spent on prosecuting Wheeler and no testimony was taken regarding Wheeler’s ability to pay, the trial court erred in assessing prosecution costs. Accordingly, we reverse the assessment of prosecution costs and remand to the trial court.
AFFIRMED IN PART; REVERSED IN PART, AND REMANDED.
GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.
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Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)…Fla.Stat. (Supp.1994). We further note that some of the costs increased from the years 1991 to 1993. Cf. § 960.20, Fla.Stat. (1991) ($20 mandatory assessment) with § 960.20, Fla.Stat. (1993) ($50 mandatory assessment). . See also Wheeler v. State, 635 So. 2d 140 (Fla. 4th DCA 1994); Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993); Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992), review denied, 618 So. 2d 211 (Fla.1993). . See also Richter v. State, 597 So. 2d 413 (Fla. 4th DCA 1992); Smith v.…
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Gant v. State, 640 So. 2d 1180 (Fla. 4th DCA 1994)…the State must document its expenses, and the trial court 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…
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Wilkins v. State, 668 So. 2d 305 (Fla. 4th DCA 1996)…earning abili [*307] ty, and such other factors the trial court deems appropriate. Gant, 640 So. 2d at 1180; 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). In this case, the $50.00 assessment for costs of prosecution was ordered by the court without notice to the defendant of the state’s intent to seek costs of prosecution, docum…
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- Davis Smith, Jr. v. State, 543 So. 2d 348 (Fla. 5th DCA 1989)