LORENZO ROYSTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a probation condition allowing community service hours as an alternative to paying supervision costs, holding that trial courts lack authority to impose such alternatives under due process principles.
A trial court may not require a defendant to perform community service hours as an alternative to paying the cost of supervision.
[1] A trial court lacks authority to condition probation or community control on performance of community service hours as an alternative to payment of supervision costs, as…
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Join FLexlaw to unlock all legal intelligence“A trial court no longer has the authority to require a defendant to perform community service hours as an alternative to paying the cost of supervision.”
Court's statement of controlling law based on prior precedent
Royster was placed on probation and community control with an order allowing him to perform community service hours in lieu of paying supervision cost…
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PARIENTE, Judge.
We reverse that portion of the order of probation and order of community control providing that defendant may perform community service hours in lieu of paying the cost of supervision if he does not have the ability to pay this cost. We reject the state’s argument that the provision is permissive only and that defendant acquiesced to it.
A trial court no longer has the authority to require a defendant to perform community service hours as an alternative to paying the cost of supervision. Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993); Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992); Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991). Although the provision is couched in permissive language, the only alternative to an indigent defendant, who is unable to pay the cost, would be to perform community service. Because a defendant’s due process rights would be implicated if forced to pay court-imposed costs if the defendant can show an inability to pay, State v. Beasley, 580 So. 2d 139, 142 — 43 (Fla.1991) (citing Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983)), it follows that a defendant may not be required to perform community service hours in lieu thereof if unable to make such payment — especially in light of our decisions in Price, Parks and Bush. Accordingly, we strike this condition.
REVERSED AND REMANDED.
DELL, C.J., and KLEIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Llumbet v. State, 698 So. 2d 381 (Fla. 4th DCA 1997)…rvision, where it was uncontroverted that Llumbet never made any payments toward those costs. We recognize that the order of community control improperly permitted community service hours in lieu of paying costs of supervision. See Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995). In Royster we held that “[bjecause a defendant’s due process rights would be implicated if forced to pay court-imposed costs [by performing community service] if the defendant can show an inability to pay, it follows that a defe…
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Royster v. State, 691 So. 2d 1196 (Fla. 4th DCA 1997)…he second, and eight years as a habitual offender in the third. The state concedes that the condition permitting defendant to perform community service hours in lieu of paying costs of supervision has been held to be invalid, see Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995), and thus could not serve as an appropriate basis for community control revocation. Be [*1197] cause we are unable to determine from the record whether the trial court would have revoked defendant’s community control and imposed…
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Castro v. State, 685 So. 2d 27 (Fla. 4th DCA 1996)…. 2d 1183, (Fla. 1996); Melbourne v. State, 679 So. 2d 759, (Fla. 1996). We reverse that portion of the written order' of probation which indicates that appellant may perform community service in lieu of costs of supervision. E.g., Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995). Affirmed in part, reversed in part, and remanded to the trial court for the entry of an amended order of probation. GLICKSTEIN, FARMER and GROSS, JJ., concur.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bearden v. Georgia, 461 U.S. 660 (U.S. 1983)
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Magalene Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993)
- Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991)
- Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992)
- Lasley v. Palm Beach Cnty., 595 So. 2d 1056 (Fla. 4th DCA 1992)