Scholler v. State

Full title: JOHN SCHOLLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 28, 1990

571 So. 2d 584 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-0464.

December 28, 1990.

Appeal from the Circuit Court for Broward County; Miette K. Burnstein, Judge.

Richard L. Jorandby, Public Defender, and Ellen Morris, 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.

We affirm appellant's conviction of robbery with a firearm or deadly weapon.

We reverse the imposition of costs against the indigent appellant in that such action was taken without giving appellant notice and a full opportunity to object and without a judicial finding that appellant has an ability to pay same. Mays v. State, 519 So.2d 618, 619 (Fla. 1988); Jenkins v. State, 444 So.2d 947, 950 (Fla. 1984).

AFFIRMED IN PART; REVERSED IN PART.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.