Walton v. State

Full title: DANIEL PAUL WALTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 24, 1991

578 So. 2d 61 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1155.

April 24, 1991.

Appeal from the Circuit Court for Indian River County; Dwight L. Geiger, Judge.

Richard L. Jorandby, Public Defender, and Mallorye Cunningham, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The trial court's assessment of costs against the appellant is reversed on the authority of Mays v. State, 519 So.2d 618 (Fla. 1988), and Beasley v. State, 565 So.2d 721 (Fla. 4th DCA 1990). We remand to the trial court for a determination of appellant's ability to pay these costs.

HERSEY, C.J., and STONE and POLEN, JJ., concur.