Opinion
No. 88-893.
June 8, 1989.
Appeal from the Circuit Court for Volusia County; Shawn L. Briese, Acting Circuit Judge.
James B. Gibson, Public Defender and Barbara L. Condon, Assistant Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.
The state agrees the trial court erred in assessing $205 in costs against Schroeder without notice, and without making a finding, based on evidence that he has the ability to pay such costs. Accordingly, we quash the imposition of costs. Shipley v. State, 528 So.2d 902 (Fla. 1988); Harriel v. State, 520 So.2d 271 (Fla. 1988); Mays v. State, 519 So.2d 618 (Fla. 1988). Upon remand, and after proper notice and hearing, the trial court may reconsider their imposition. White v. State, 539 So.2d 1190 (Fla. 5th DCA 1989).
Conviction and sentence AFFIRMED; Costs QUASHED; Case REMANDED.
COWART and GOSHORN, JJ., concur.