Crum v. State

SCHEB, JOHN M., Senior Judge.

Abel Crum appeals from his judgment and sentence for possession of cocaine. He argues that the trial court improperly imposed a $150 cost for the court improvement fund under section 939.18, Florida Statutes (2003), as part of his sentence without considering his financial ability to pay. We agree.

“Section 939.18(l)(b) allows the trial court to impose this discretionary cost if it finds that the person has the ability to pay the cost, and payment of the cost will not interfere with the person’s ability to pay child support and restitution.” Patterson v. State, 796…