Florida District Courts of Appeal, 1990

Foster v. State

Foster v. State
Florida District Courts of Appeal · Decided December 28, 1990 · Downey, Hersey, Walden
572 So. 2d 563; 1990 Fla. App. LEXIS 9794; 1990 WL 211746 (Southern Reporter, Second Series)

Foster v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction for possession of cocaine.

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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