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492 So. 2d 841

492 So.2d 841

11 Fla.L.Weekly 1793

Maxwell v. State

District Court of Appeal of Florida

Decided August 14, 1986

District Court of Appeal of Florida · decided 1986-08-14

Cited by 3 later decisions — most recently September 1993

3 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · 486 So. 2d 77 - Haynes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-08-14

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ORFINGER, Judge.

¶1The defendant appeals from the summary denial of a motion to correct an illegal sentence. Fla.R.Crim.P. 3.850. Specifically, defendant contends that because he was declared indigent by the trial court, he should not have been assessed $200 in court costs, but instead, should have been permitted to perform community service in lieu of such costs. See § 27.3455(1), Fla. Stat. (1985). The record before us does not demonstrate that defendant is not entitled to the relief he claims. On the contrary, the record before us appears to support defendant’s contention that he is indigent and therefore should have been required to perform a term of community service in lieu of being assessed with these costs.

¶2We therefore remand this cause to the trial court with directions to either correct the sentence or to attach those portions of the record which demonstrate that after proper notice and an opportunity to be heard on the issue, defendant was determined not to be indigent for the purpose of assessment of costs. See Jenkins v. State, 444 So.2d 947 (Fla.1984); Haynes v. State, 486 So.2d 77 (Fla.2d DCA 1986).

¶3REMANDED with directions.

COBB and DAUKSCH, JJ., concur.
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