Stephen v. State

Full title: OTIS ROOSEVELT STEPHEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 22, 1985

468 So. 2d 1119 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2283.

May 22, 1985.

Appeal from Circuit Court, Broward County; Russell E. Seay, Jr., Judge.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We strike the order imposing costs upon the indigent appellant without prejudice and remand for reconsideration upon notice to appellant in light of the proofs as to appellant's ability to pay such costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Lawson v. State, 463 So.2d 1255 (Fla. 4th DCA 1985); and Walker v. State, 458 So.2d 396 (Fla. 1st DCA 1984).

It is so ordered.

HERSEY, GLICKSTEIN and WALDEN, JJ., concur.