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512 So. 2d 298

512 So.2d 298

12 Fla.L.Weekly 2199

Thompson v. State

District Court of Appeal of Florida

Decided September 10, 1987

District Court of Appeal of Florida · decided 1987-09-10

Cited by 1 later decisions — most recently February 1988

1 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · 507 So. 2d 1099 - State v. Yost · 490 So. 2d 173 - Brooks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-10

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DAUKSCH, Judge.

¶1The jury found Alfredo Thompson guilty of robbery in violation of section 812.-13(2)(a), Florida Statutes (1983). Immediately upon conviction Thompson was adjudicated guilty and the sentencing hearing commenced. Thompson was sentenced within the presumptive guidelines range to twelve years incarceration with credit for 1,085 days served. The court imposed a $500 fine as well as the following costs: $3.00 pursuant to section 943.25(4), Florida Statutes (1985); $2.00 pursuant to section 943.25(8), Florida Statutes (1985); $20.00 pursuant to section 960.20, Florida Statutes (1985); and $200 pursuant to section 27.-3455, Florida Statutes (1985). Thompson appeals the imposition of these costs.

¶2Thompson’s crime was committed on December 14, 1983. Therefore the trial court improperly imposed costs under section 27.-3455, Florida Statutes (1985). Yost v. State, 507 So.2d 1099 (Fla.1987).

¶3This court has held that it is error to impose costs under sections 943.25 and 960.20, Florida Statutes (1985) where a defendant is indigent and is not provided with notice and an opportunity to he heard. Brooks v. State, 490 So.2d 173 (Fla. 5th DCA 1986) citing Jenkins v. State, 444 So.2d 947 (Fla.1984). In the instant case the costs were imposed at sentencing which took place immediately upon conviction and Thompson was not afforded notice or an opportunity to be heard.

¶4The costs entered pursuant to section 27.3455 are reversed and the case is remanded for a hearing on the issue of costs, with proper notice to Thompson and a determination of his ability to pay.

¶5REVERSED and REMANDED.

ORFINGER and COBB, JJ., concur.
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