Florida District Courts of Appeal, 1985

Demers v. State

Demers v. State
Florida District Courts of Appeal · Decided May 8, 1985 · Barkett, Hersey, Letts
468 So. 2d 461; 10 Fla. L. Weekly 1154; 1985 Fla. App. LEXIS 13879 (Southern Reporter, Second Series)

Demers v. State

Opinion of the Court

LETTS, Judge.

We affirm defendant’s conviction. We recognize that since no judicial determination was made as to the defendant’s ability to pay, the assessment of $15.00 against defendant for the Crimes Compensation Fund was error under Jenkins v. State, 444 So.2d 947 (Fla. 1984). However, in order to avoid further expense, no doubt far in excess of $15.00, we merely strike the assessment rather than remand for a full blown hearing.

AFFIRMED.

HERSEY and BARKETT, JJ., concur.

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