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Clarke v. StateClarke v. State

District Court of Appeal of Florida
Jun 16, 1989
No. 88-3046
Versions:544 So. 2d 350
14 Fla. L. Weekly 1449
1989 WL 65665
1989 Fla. App. LEXIS 3475
WIGGINTON, Judge.

This appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the judgment and sentence as imposed. However, we note once again that court costs were imposed without notice to appellant and a judicial determination of her ability to pay. Such imposition of costs was erroneous despite the absence of a contemporaneous objection. See Wood v. State, 544 So.2d 1004 (Fla.1989). Consequently, we strike the cost provision without prejudice to the State to seek reassessment after proper notice to appellant. Ayers v. State, 538 So.2d 545 (Fla. 1st DCA 1989).

BOOTH and BARFIELD, JJ., concur.

Case Details

Case Name: Clarke v. State
Court Name: District Court of Appeal of Florida
Date Published: Jun 16, 1989
Citations: 544 So. 2d 350; 14 Fla. L. Weekly 1449; 1989 WL 65665; 1989 Fla. App. LEXIS 3475; No. 88-3046
Docket Number: No. 88-3046
Court Abbreviation: Fla. Dist. Ct. App.
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