From Casetext: Smarter Legal Research

Allen v. State

District Court of Appeal of Florida, Second District
Jan 21, 1987
508 So. 2d 360 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-895.

January 21, 1987.

Appeal from the Circuit Court, Hillsborough County, John P. Griffin, J.

James Marion Moorman, Public Defender, Bartow, and Karla Foreman Wright, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


Appellant complains of certain conditions of his probation which require him to pay "$100 cost of prosecution" and "court costs and contribution to court improvement fund in sum of $250."

The costs of prosecution are taxable under section 939.01, Florida Statutes (1985). However, at least with respect to indigent defendants, prior notice is required. Mincey v. State, 468 So.2d 473 (Fla. 4th DCA 1985); State v. Bennington, 384 So.2d 42 (Fla. 4th DCA 1980); see Jenkins v. State, 444 So.2d 947 (Fla. 1984). Since appellant was declared indigent and no prior notice was given, we strike the requirement to pay costs of prosecution.

The state has offered no authority for requiring a contribution to the court improvement fund. Therefore, we also strike this condition.

Except as indicated above, appellant's conviction and sentence are affirmed.

GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


Summaries of

Allen v. State

District Court of Appeal of Florida, Second District
Jan 21, 1987
508 So. 2d 360 (Fla. Dist. Ct. App. 1987)
Case details for

Allen v. State

Case Details

Full title:HARVEY LEE ALLEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 21, 1987

Citations

508 So. 2d 360 (Fla. Dist. Ct. App. 1987)

Citing Cases

King v. State

The rule appears to have its origin in the second district's summary decision over three decades ago in…

I.B. v. State

That is not an issue in this case, where the disposition order assessed $50.00 for the Crimes Compensation…