SHELLEY ANN CLARKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHELLEY ANN CLARKE, APPELLANT,
STATE OF FLORIDA, APPELLEE
544 So. 2d 350
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 2 cases
Opinion 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 So. 2d 545 (Fla. 1st DCA 1989).
BOOTH and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 547 So. 2d 238 (Fla. 1st DCA 1989)…s the remaining points raised by Johnson on appeal. We note, however, that assessment of statutory and court costs as a condition of probation, absent adequate notice and a judicial determination of ability to pay, is erroneous. See Clarke v. State, 544 So. 2d 350 (Fla. 1st DCA 1989); Washington v. State, 545 So. 2d 443 (Fla. 1st DCA 1989). Reversed and remanded with directions. SHIVERS, C.J., and ERVIN, J., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- Morgan Eugene Ayers v. State, 538 So. 2d 545 (Fla. 1st DCA 1989)