From Casetext: Smarter Legal Research

Hotalen v. State

District Court of Appeal of Florida, Second District
Sep 2, 1988
530 So. 2d 491 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-339.

September 2, 1988.

Appeal from the Circuit Court, Pasco County, W. Lowell Bray, Jr., J.

James Marion Moorman, Public Defender, and Robert Mack, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


The appellant pled nolo contendere to two counts of grand theft and was adjudicated guilty of the offenses. The trial court found the appellant to be indigent for purposes of court costs. However, without a hearing or prior notice the court imposed twenty dollars pursuant to section 960.20, Florida Statutes (1985); three dollars pursuant to section 943.25(4); two dollars pursuant to section 943.25(8), and two hundred dollars pursuant to section 27.3455, for each conviction, totaling four hundred fifty dollars in court costs. We find that the trial court erred in imposing the costs. See Jenkins v. State, 444 So.2d 947 (Fla. 1984).

Accordingly, we affirm the appellant's judgment and sentence but strike the court costs.

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


Summaries of

Hotalen v. State

District Court of Appeal of Florida, Second District
Sep 2, 1988
530 So. 2d 491 (Fla. Dist. Ct. App. 1988)
Case details for

Hotalen v. State

Case Details

Full title:EDWARD C. HOTALEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 2, 1988

Citations

530 So. 2d 491 (Fla. Dist. Ct. App. 1988)