Evans v. State

Full title: BESSIE LEE EVANS A/K/A BESSIE MAXWELL, APPELLANT, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Second District

Date published: Apr 18, 1990

559 So. 2d 459 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-02270.

April 18, 1990.

Appeal from the Circuit Court for Desoto County; Howard C. Holtzendorf, Acting Circuit Judge.

James Marion Moorman, Public Defender, and Douglas P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Judge.

Bessie Lee Evans, a/k/a Bessie Maxwell, appeals from her convictions for trafficking in cocaine, possession of marijuana, and possession of paraphernalia on the grounds of insufficient evidence of possession. We affirm the convictions.

The appellant also contends that the trial court erred in imposing costs without notice or a determination of her ability to pay. We agree, Jenkins v. State, 444 So.2d 947 (Fla. 1984), and strike the costs.

Affirmed.

SCHEB, A.C.J., and THREADGILL, J., concur.