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508 So. 2d 360

508 So.2d 360

12 Fla.L.Weekly 321

Docket No. 86-895.

Allen v. State

Harvey Lee ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 21, 1987.

District Court of Appeal of Florida · decided 1987-01-21

Relies on 444 So. 2d 947 - Jenkins v. State · 468 So. 2d 473 - Mincey v. State · State v. Bennington

Decided 1987-01-21

¶1James Marion Moorman, Public Defender, Bartow, and Karla Foreman Wright, Asst. Public Defender, Tampa, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Appellant complains of certain conditions of his probation which require him to pay "$100 cost of prosecution" and "court costs and contribution to court improvement fund in sum of $250."

¶5The costs of prosecution are taxable under section 939.01, Florida Statutes (1985). However, at least with respect to indigent defendants, prior notice is required. Mincey v. State, 468 So.2d 473 (Fla. 4th DCA 1985); State v. Bennington, 384 So.2d 42 (Fla. 4th DCA 1980); see Jenkins v. State, 444 So.2d 947 (Fla. 1984). Since appellant was declared indigent and no prior notice was given, we strike the requirement to pay costs of prosecution.

¶6The state has offered no authority for requiring a contribution to the court improvement fund. Therefore, we also strike this condition.

¶7Except as indicated above, appellant's conviction and sentence are affirmed.

¶8GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.

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