Reyes v. State

Full title: BENIGNO REYES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 12, 1989

541 So. 2d 174 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2613.

April 12, 1989.

Appeal from the Circuit Court for Broward County; Mel Grossman, Judge.

Richard L. Jorandby, Public Defender, and Carol J. Bickerstaff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm. Nevertheless, we vacate the portion of the sentence imposing costs pursuant to section 27.3455, Florida Statutes (1987). Upon remand, the trial court must give the defendant the opportunity to be heard to determine whether he has the ability to pay costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984), and Shipley v. State, 528 So.2d 902 (Fla. 1988).

AFFIRMED IN PART, REVERSED AND REMANDED IN PART.

DOWNEY, LETTS and DELL, JJ., concur.