EARL RUFFIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EARL RUFFIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
652 So. 2d 1287
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm in all respects except we reverse and remand on the issue of the imposed costs of prosecution. In order to recover the costs of prosecution pursuant to section 939.01, Florida Statutes (1993), the state must document its expenses, and the trial court must consider the defendant’s financial resources. See Gant v. State, 640 So. 2d 1180 (Fla. 4th DCA 1994).
We reverse the trial court’s assessment of the costs of prosecution and remand to the trial court with directions to consider the state’s actual costs and the defendant’s ability to pay.
Affirmed in part, reversed in part, and remanded.
GUNTHER, POLEN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vandy Tarrant v. State, 668 So. 2d 223 (Fla. 4th DCA 1996)…pent on prosecuting Tarrant and her ability to pay those costs. Stevens v. State, 647 So. 2d 335 (Fla. 4th DCA 1995) (it is improper to impose $200.00 in prosecution costs without taking any evidence to support such costs). See also Ruffin v. State, 652 So. 2d 1287 (Fla. 4th DCA 1995) (state must document its expenses and trial court must consider defendant’s financial resources in order to recover costs of prosecution). Finally, we note that several of the costs in the written order are considered mandatory…
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Easy Bail Bonds v. Polk Cnty., 784 So. 2d 1173 (Fla. 2d DCA 2001)…ted by Easy, decisions concerning the assessment of the costs of prosecution and appointed counsel fees require the state or county to prove the actual costs incurred. See, e.g., Bennett v. State, 686 So. 2d 810 (Fla. 4th DCA 1997); Ruffin v. State, 652 So. 2d 1287 (Fla. 4th DCA 1995); Smith v. State, 401 So. 2d 1176 (Fla. 1st DCA 1981). Further, section 938.27(1), Florida Statutes (1999), dealing with a judgment for costs of prosecution against a criminal defendant, requires the agency seeking costs to docume…
Authorities Cited
- Gant v. State, 640 So. 2d 1180 (Fla. 4th DCA 1994)