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Day v. State

District Court of Appeal of Florida, First District
Nov 5, 1986
496 So. 2d 986 (Fla. Dist. Ct. App. 1986)

Opinion

No. BL-197.

November 5, 1986.

An appeal from the Circuit Court, for Columbia County; John W. Peach, Judge.

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant brings this appeal from a sentence imposing court costs as a condition of probation pursuant to section 27.3455, Florida Statutes (1985). Implicitly conceding error, the State suggests that we resolve this issue in conformity with our holding in Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986). We agree with the State's suggestion. Accordingly, we reverse the imposition of court costs on appellant and remand for further action in accordance with Lawton, including a hearing on the issue of indigency, pursuant to notice, and the issuance of appropriate orders thereon.

ERVIN and BARFIELD, JJ., concur.


Summaries of

Day v. State

District Court of Appeal of Florida, First District
Nov 5, 1986
496 So. 2d 986 (Fla. Dist. Ct. App. 1986)
Case details for

Day v. State

Case Details

Full title:EDWARD ANTHONY DAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 5, 1986

Citations

496 So. 2d 986 (Fla. Dist. Ct. App. 1986)

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