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524 So. 2d 739

524 So.2d 739

13 Fla.L.Weekly 1166

Fountain v. State

District Court of Appeal of Florida · decided 1988-05-13

Cited by 1 later decisions — most recently March 1989

1 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · 492 So. 2d 404 - Bethune v. State · 458 So. 2d 396 - Walker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-13

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NIMMONS, Judge.

¶1The trial court erred by imposing court costs and attorney’s fees without determining the defendant’s ability to pay. Jenkins v. State, 444 So.2d 947 (Fla.1984); Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986); Walker v. State, 458 So.2d 396 (Fla. 1st DCA 1984). Accordingly, the imposition of such costs and fees is reversed and the case remanded for a new hearing upon proper notice to determine the appellant’s ability to pay.

SMITH, C.J., and BOOTH, J., concur.
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