Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

HARVEY LEE ALLEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

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.

Use AI to get other relevant cases.

Comments

ALLEN v. STATE
(Jan 21, 1987)