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FOUNTAIN v. STATE
District Court of Appeal of Florida, First District.
May 13, 1988
NIMMONS, Judge.
The trial court erred by imposing court costs and attorney's fees without determining the defendant's ability to pay. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986); Walker v. State, 458 So.2d 396 (Fla. 1st DCA 1984). Accordingly, the imposition of such costs and fees is reversed and the case remanded for a new hearing upon proper notice to determine the appellant's ability to pay.
SMITH, C.J., and BOOTH, J., concur.
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