Florida District Courts of Appeal, 1990

Scholler v. State

Scholler v. State
Florida District Courts of Appeal · Decided December 28, 1990 · Downey, Hersey, Walden
571 So. 2d 584; 1990 Fla. App. LEXIS 9816; 1990 WL 211740 (Southern Reporter, Second Series)

Scholler v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction of robbery with a firearm or deadly weapon.

We reverse the imposition of costs against the indigent appellant in that such action was taken without giving appellant notice and a full opportunity to object and without a judicial finding that appellant has an ability to pay same. Mays v. State, 519 So.2d 618, 619 (Fla. 1988); Jenkins v. State, 444 So.2d 947, 950 (Fla. 1984).

AFFIRMED IN PART; REVERSED IN PART.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.

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