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499 So. 2d 46

499 So.2d 46

12 Fla.L.Weekly 143

Helms v. State

District Court of Appeal of Florida

Decided December 22, 1986

District Court of Appeal of Florida · decided 1986-12-22

Cited by 1 later decisions — most recently January 1987

1 state decisions

Relies on 492 So. 2d 404 - Bethune v. State · Slaughter v. State · 497 So. 2d 938 - Hoffman v. Hoffman

Good law ✅— No negative treatment on recordhow we know

Decided 1986-12-22

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JOANOS, Judge.

¶1Helms appeals from the imposition of costs pursuant to Section 27.3455 Florida Statutes (1985) following his plea of guilty to burglary. We reverse.

¶2*47Helms contends that he was entitled to an indigency determination by the trial court at the time of sentencing before the court assessed costs. We agree. This court has held that the trial court is required to determine appellant’s indigency before assessing costs and an appellant found indigent under Section 27.3455 Florida Statutes (1985) must be ordered to serve a term of community service in lieu of the imposition of additional court costs. Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986); Slaughter v. State, 493 So.2d 1109 (Fla. 1st DCA 1986); Day v. State, 496 So.2d 986 (Fla. 1st DCA 1986); Hughes v. State, 497 So.2d 938 (Fla. 1st DCA 1986).

¶3Therefore we reverse the imposition of court costs and remand to the trial court for further proceedings to include a determination of indigency.

MILLS and SHIVERS, JJ., concur.
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