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502 So. 2d 1330

502 So.2d 1330

12 Fla.L.Weekly 635

Mays v. State

District Court of Appeal of Florida

Decided February 25, 1987

District Court of Appeal of Florida · decided 1987-02-25

Cited by 3 later decisions — most recently February 1988

3 state decisions

Key passage — most relied on by later courts

“places the burden of asking for such relief upon him.”

quoted by 1 later decision, including 519 So. 2d 618 - Mays v. State

Relies on 444 So. 2d 947 - Jenkins v. State · 497 So. 2d 1292 - Gaffney v. State · 497 So. 2d 938 - Hoffman v. Hoffman

Good law ✅— No negative treatment on recordhow we know

Decided 1987-02-25

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm appellant’s conviction and sentence. We also affirm the trial court’s *1331order taxing $200 costs against appellant pursuant to section 27.3455, Florida Statutes (1985), without prejudice to appellant, upon proper motion, to seek community service in lieu of the costs as provided in this statute. Butler v. State, 492 So.2d 757 (Fla. 4th DCA 1986). However, we reverse the trial court’s order taxing $22.50 costs pursuant to sections 960.20 and 943.-25, Florida Statutes (1985) because the trial court failed to give appellant notice and an opportunity to object to the assessment of these costs. Our reversal is without prejudice to the state to seek reassessment of these costs in accordance with Jenkins v. State, 444 So.2d 947 (Fla.1984).

¶2Section 27.3455 permits an indigent defendant to seek community service as an alternative and places the burden of asking for such relief upon him. Sections 960.20 and 943.25 do not provide for such an alternative. Therefore we hold that the rationale of Jenkinsis not applicable to costs taxed under section 27.3455. We recognize that our opinion is in conflict with Hughes v. State, 497 So.2d 938 (Fla. 1st DCA 1986) and Gaffney v. State, 497 So.2d 1292 (Fla. 5th DCA 1986).

¶3AFFIRMED IN PART and REVERSED IN PART.

DELL, GUNTHER and STONE, JJ., concur.
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