Opinion
No. 87-90.
May 13, 1988.
An Appeal from the Circuit Court for Okaloosa County; G. Robert Barron, Judge.
Michael E. Allen, Public Defender, Phil Patterson, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., William A. Hatch, Asst. Atty. Gen., for appellee.
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.