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Jackson v. State

District Court of Appeal of Florida, Second District
Mar 1, 1996
668 So. 2d 1082 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-04248.

March 1, 1996.

Appeal from the Circuit Court for Polk County; Joe R. Young, Judge.

James Marion Moorman, Public Defender and Wayne S. Melnick, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


Michael Jackson challenges costs assessed as part of his sentence. The state concedes that it failed to present evidence in support of the amount imposed as the cost of extradition, $1,105.00, and that the trial court did not inquire into Jackson's ability to pay. Accordingly, we strike that cost. See Pickrel v. State, 609 So.2d 65 (Fla. 4th DCA 1992). The court also required Jackson to pay an additional $157.78 in court costs without setting forth statutory authority. We strike those costs as well. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc).

Costs stricken and remanded.

LAZZARA and WHATLEY, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Second District
Mar 1, 1996
668 So. 2d 1082 (Fla. Dist. Ct. App. 1996)
Case details for

Jackson v. State

Case Details

Full title:MICHAEL SEAN JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 1, 1996

Citations

668 So. 2d 1082 (Fla. Dist. Ct. App. 1996)

Citing Cases

Skillman v. State

The trial court erred in assessing the appellant $658 for the cost of extradition. See Jackson v. State, 668…