Public-domain · open source
OpenJurist

657 So. 2d 36

Docket No. 94-3000.

Royster v. State

Lorenzo ROYSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 21, 1995.

Rehearing Denied July 31, 1995.

District Court of Appeal of Florida · decided 1995-06-21

Cited by 10 later decisions — most recently August 1997

10 state decisions

Key passage — most relied on by later courts

“[b]ecause a defendant's due process rights would be implicated if forced to pay court-imposed costs [by performing community service] if the defendant can show an inability to pay, it follows that a defendant may not be required to perform community service hours in lieu thereof if unable to make such payment. ..”

quoted by 1 later decision, including 698 So. 2d 381 - Llumbet v. State

Relies on Bearden v. Georgia · State v. Beasley · 620 So. 2d 1105 - Price v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-21

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender, and Steven H. Malone, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Konig, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PARIENTE, Judge.

¶4We reverse that portion of the order of probation and order of community control providing that defendant may perform community service hours in lieu of paying the cost of supervision if he does not have the ability to pay this cost. We reject the state's argument that the provision is permissive only and that defendant acquiesced to it.

¶5A trial court no longer has the authority to require a defendant to perform community service hours as an alternative to paying the cost of supervision. Price v. State,620 So.2d 1105 (Fla. 4th DCA 1993); Parks v. State,595 So.2d 1056 (Fla. 4th DCA 1992); Bush v. State,579 So.2d 362 (Fla. 4th DCA 1991). Although the provision is couched in permissive language, the only alternative to an indigent defendant, who is unable to pay the cost, would be to perform community service. Because a defendant's due process rights would be implicated if forced to pay courtimposed costs if the defendant can show an inability to pay, State v. Beasley,580 So.2d 139, 142-43 (Fla. 1991) (citing Bearden v. Georgia,461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983)), it follows that a defendant may not be required to perform community service hours in lieu thereof if unable to make such payment — especially in light of our decisions in Price, Parks and Bush. Accordingly, we strike this condition.

¶6REVERSED AND REMANDED.

¶7DELL, C.J., and KLEIN, J., concur.

/657/so2d/36 · .json · Public domain