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638 So. 2d 155

McElrath v. State

District Court of Appeal of Florida · decided 1994-06-08

Relies on 635 So. 2d 1032 - Sutton v. State · Tennie v. State

Decided 1994-06-08

RYDER, Acting Chief Judge.

¶1Richard McElrath challenges the trial court’s order imposing costs of prosecution under section 939.01(5), Florida Statutes (1993).

¶2The record reflects that after the state presented witnesses that offered proof of the amount of the costs of prosecution, the trial judge heard the parties’ arguments and entered the order without considering the defendant’s financial resources. “[T]he state has the burden of proving the amount of these costs, and the trial court must consider the defendant’s financial resources before imposing them.” Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994); Tennie v. State, 593 So.2d 1199 (Fla. 2d DCA 1992).

¶3Because this procedure was not followed in this case, we strike the order imposing costs. On remand, the state may seek to reimpose these costs. See Sutton.

PATTERSON and LAZZARA, JJ., concur.
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