RENE PAUL DEMERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-05-08
No. 84-327
HERSEY and BARKETT, JJ., concur.
468 So. 2d 461 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 2 cases

Opinion of the Court
LETTS, Judge.

LETTS, Judge.

We affirm defendant’s conviction. We recognize that since no judicial determination was made as to the defendant’s ability to pay, the assessment of $15.00 against defendant for the Crimes Compensation Fund was error under Jenkins v. State, 444 So. 2d 947 (Fla.1984). However, in order to avoid further expense, no doubt far in excess of $15.00, we merely strike the assessment rather than remand for a full blown hearing.

AFFIRMED.

HERSEY and BARKETT, JJ., concur.


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  • Wheelock J. Mims v. State, 470 So. 2d 838 (Fla. 2d DCA 1985)
    …ould be assessed against him. Because of the disparity between the amount of the assessment and the cost to the State of attempting to recover it, we agree with the policy followed by the Fourth District and strike the assessment. Demers v. State, 468 So. 2d 461 (Fla. 4th DCA 1985). In all other respects the judgment and sentence are affirmed. RYDER, C.J., and LEHAN, J., concur.…

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