From Casetext: Smarter Legal Research

Ruffin v. State

District Court of Appeal of Florida, Fourth District
Apr 19, 1995
652 So. 2d 1287 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2042.

April 19, 1995.

Appeal from Indian River County; James B. Balsiger, Acting Circuit Judge.

Richard L. Jorandby, Public Defender, and David McPherrin, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Edward L. Giles, West Palm Beach, for appellee.


We affirm in all respects except we reverse and remand on the issue of the imposed costs of prosecution. In order to recover the costs of prosecution pursuant to section 939.01, Florida Statutes (1993), the state must document its expenses, and the trial court must consider the defendant's financial resources. See Gant v. State, 640 So.2d 1180 (Fla. 4th DCA 1994).

We reverse the trial court's assessment of the costs of prosecution and remand to the trial court with directions to consider the state's actual costs and the defendant's ability to pay.

Affirmed in part, reversed in part, and remanded.

GUNTHER, POLEN and SHAHOOD, JJ., concur.


Summaries of

Ruffin v. State

District Court of Appeal of Florida, Fourth District
Apr 19, 1995
652 So. 2d 1287 (Fla. Dist. Ct. App. 1995)
Case details for

Ruffin v. State

Case Details

Full title:EARL RUFFIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 19, 1995

Citations

652 So. 2d 1287 (Fla. Dist. Ct. App. 1995)

Citing Cases

Tarrant v. State

Stevens v. State, 647 So.2d 335 (Fla. 4th DCA 1995) (it is improper to impose $200.00 in prosecution costs…

Easy Bail Bonds v. Polk Cty

Moreover, as correctly noted by Easy, decisions concerning the assessment of the costs of prosecution and…