Legal Opinion

Schroeder v. State

District Court of Appeal of Florida

Decided June 8, 1989No. 88-893Published

1Opinion of the Court

SHARP, Chief Judge.

The state agrees the trial court erred in assessing $205 in costs against Schroeder *1326without notice, and without making a finding, based on evidence that he has the ability to pay such costs. Accordingly, we quash the imposition of costs. Shipley v. State, 528 So.2d 902 (Fla.1988); Harriel v. State, 520 So.2d 271 (Fla.1988); Mays v. State, 519 So.2d 618 (Fla.1988). Upon remand, and after proper notice and hearing, the trial court may reconsider their imposition. White v. State, 539 So.2d 1190 (Fla. 5th DCA 1989).

Conviction and sentence AFFIRMED; Costs QUASHED; Case REMANDED.

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2Cases cited4 opinions

  1. Mays v. StateSupreme Court of Florida · 1988
  2. Harriel v. StateSupreme Court of Florida · 1988
  3. Shipley v. StateSupreme Court of Florida · 1988
  4. White v. StateDistrict Court of Appeal of Florida · 1989

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