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508 So. 2d 1343

508 So.2d 1343

12 Fla.L.Weekly 1618

Overman v. State

District Court of Appeal of Florida · decided 1987-07-02

Relies on 444 So. 2d 947 - Jenkins v. State · 497 So. 2d 661 - Gordon v. State · 505 So. 2d 671 - Hall v. State

Decided 1987-07-02

UPCHURCH, Chief Judge.

¶1We affirm defendant’s judgment for burglary and grand theft. However, we reverse that portion of the judgment which requires defendant to pay costs. Costs may not be assessed against an indigent defendant without a determination that he has the ability to pay. Jenkins v. State, 444 So.2d 947 (Fla.1984); Hall v. State, 505 So.2d 671 (Fla. 5th DCA 1987); Gordon v. State, 497 So.2d 661 (Fla. 5th DCA 1986). Here the defendant was adjudged insolvent for purposes of appeal and no inquiry concerning his ability to pay appears to have been made below. Accordingly, the portion of the judgment imposing court' costs is reversed without prejudice to the state to prove entitlement to those costs.

¶2AFFIRMED in part; REVERSED and REMANDED in part.

DAUKSCH and ORFINGER, JJ., concur.
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