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Florida District Courts of Appeal, 1988

Fountain v. State

Fountain v. State
Florida District Courts of Appeal · Decided May 13, 1988 · Booth, Nimmons, Smith
524 So. 2d 739; 13 Fla. L. Weekly 1166; 1988 Fla. App. LEXIS 1969; 1988 WL 47264 (Southern Reporter, Second Series)

Fountain v. State

Opinion of the Court

NIMMONS, Judge.

The 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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