Legal Opinion

Clarke v. State

District Court of Appeal of Florida

Decided June 16, 1989No. 88-3046PublishedCited by 1 opinion

1Opinion of the Court

WIGGINTON, Judge.

This appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the judgment and sentence as imposed. However, we note once again that court costs were imposed without notice to appellant and a judicial determination of her ability to pay. Such imposition of costs was erroneous despite the absence of a contemporaneous objection. See Wood v. State, 544 So.2d 1004 (Fla.1989). Consequently, we strike the cost provision without prejudice to the State to seek reassessment after proper notice to appellant. Ayers v. State, 538…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Wood v. StateSupreme Court of Florida · 1989
  3. Ayers v. StateDistrict Court of Appeal of Florida · 1989

3Cited by1 opinion

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1989

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