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Florida District Courts of Appeal, 1989

Reyes v. State

Reyes v. State
Florida District Courts of Appeal · Decided April 12, 1989 · Dell, Downey, Letts
541 So. 2d 174; 14 Fla. L. Weekly 919; 1989 Fla. App. LEXIS 1907; 1989 WL 33967 (Southern Reporter, Second Series)

Reyes v. State

Opinion of the Court

PER CURIAM.

We affirm. Nevertheless, we vacate the portion of the sentence imposing costs pursuant to section 27.3455, Florida Statutes (1987). Upon remand, the trial court must give the defendant the opportunity to be heard to determine whether he has the ability to pay costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984), and Shipley v. State, 528 So.2d 902 (Fla. 1988).

AFFIRMED IN PART, REVERSED AND REMANDED IN PART.

DOWNEY, LETTS and DELL, JJ., concur.

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

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