Evins v. State

Richard Keith EVINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 26, 1986.

District Court of Appeal of Florida · decided 1986-11-26

Cited by 5 later decisions — most recently March 1989

5 state decisions

Relies on 492 So. 2d 404 - Bethune v. State · Slaughter v. State · 497 So. 2d 1292 - Gaffney v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-11-26

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¶1James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3PER CURIAM.

¶4Appellant contends that the trial court erred by imposing costs under section 27.3455, Florida Statutes (1985) because he was indigent.

¶5We reverse and remand for the court to make a determination of whether appellant had the ability to pay costs and, if it is determined that appellant was indigent, to give him a term of community service in lieu of payment of costs. Gaffney v. State,497 So.2d 1292, (Fla. 5th DCA 1986), Slaughter v. State,493 So.2d 1109 (Fla. 1st *1294 DCA 1986); Lawton v. State,492 So.2d 404 (Fla. 1st DCA 1986).

¶6UPCHURCH, C.J., and COBB and SHARP, JJ., concur.