LINDA TOY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed and remanded a judgment imposing prosecution costs and public defender fees because the trial court failed to follow statutory procedures under section 939.01 and assessed costs without competent evidence, but affirmed the defendant's liability for one-fifth of assessed costs.
A trial court must follow the procedures in section 939.01, Florida Statutes, and present competent evidence of the amount of prosecution costs before assessing such costs against a defendant.
[1] A trial court must comply with section 939.01, Florida Statutes, procedures and present competent evidence of prosecution costs before assessing such costs against a defe…
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Join FLexlaw to unlock all legal intelligenceThe trial court placed appellant on six months probation and assessed costs of prosecution and public defender attorney fees totaling $1,320.00 agains…
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PER CURIAM.
The trial court entered an order of probation placing appellant on six months probation and assessing various costs including costs of prosecution against appellant. The trial court later entered a final judgment against appellant in favor of the Board of County Commissioners of Indian River County in the sum of $1,120.00 as actual costs of prosecution and defense of appellant and in the sum of $200.00 as a reasonable amount for the public defender attorney’s fees for services. The state concedes that the amount of costs imposed in the final judgment is incorrect, but submits that fees and costs in a lesser amount are supported in the record. We disagree.
We reverse because the trial court did not follow the procedures set forth in section 939.01, Florida Statutes (1993) and assessed the cost of prosecution without competent evidence showing the amount of such costs. See Wyatt v. State, 654 So. 2d 613 (Fla. 4th DCA 1995). However, we affirm the trial court’s conclusion that appellant should be liable for one fifth of the total amount of the assessed costs. We remand with directions to vacate the order of probation and the final judgment and for an evidentiary hearing to determine the amount of prosecution costs pursuant to section 939.01, Florida Statutes (1993).
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, FARMER and STEVENSON, JJ., concur.