Byrd v. State, 76-2134
| Decision Date | 04 January 1978 |
| Docket Number | No. 76-2134,76-2134 |
| Citation | 353 So.2d 1228 |
| Parties | Arsoreda BYRD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Crais S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony C. Musto, Asst. Atty. Gen., West Palm Beach, for appellee.
We have no jurisdiction to consider the appeal because Appellant appealed only from the Judgment and not the Order placing the Defendant on probation. Recht v. State, 344 So.2d 885 (Fla. 4th DCA 1977). Since the error arose as a result of state action, as so many things nowadays seem to do, we shall assume jurisdiction as the First District did in Jackson v. State, 301 So.2d 490 (Fla. 1st DCA 1974), and treat this as a Hollingshead appeal. Hollingshead v. Wainwright, 194 So.2d 577 (Fla.1967).
This indigent Appellant was ordered, as a condition of her probation, to pay court costs. This is error. Section 939.15, Florida Statutes (1975), says the county must pay the court costs and two appellate decisions say the sentencing judge cannot require a defendant to pay the costs. Cox v. State, 334 So.2d 568 (Fla.1976); Mack v. State, 305 So.2d 264 (Fla. 3rd DCA 1974). That portion of the probation Order requiring the Defendant to pay $116 court costs is reversed. The Judgment is otherwise affirmed.
AFFIRMED AS MODIFIED.
I concur with the holding of the Court that this matter should be treated as a Hollingshead appeal and that it is error to require an indigent defendant to pay court costs as a condition of probation. I would, however, reverse and remand with instructions that such a requirement is permissible if it is conditioned upon a showing that the defendant becomes solvent during the term of probation. See, Gryca v. State, 315 So.2d 221 (1 DCA 1975).
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...Robbins v. Cipes, 181 So.2d 521 (Fla.1966). Contra, Recht v. State, 344 So.2d 885 (Fla.4th DCA 1977), but see, Byrd v. State, 353 So.2d 1228 (Fla.4th DCA 1978) (not following Recht "since the error arose from state Following his conviction for the crime of aggravated battery, the defendant ......
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State v. Byrd
...a petition for writ of certiorari by the state seeking review of a decision of the Fourth District Court of Appeal reported at 353 So.2d 1228 (Fla. 4th DCA 1978), which reversed an order of the circuit court requiring respondent, an indigent, to pay court costs as a condition of probation. ......
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Phelps v. State, 78-1384
...PER CURIAM. Affirmed. As to the question of costs, See Arnold v. State, 356 So.2d 862 (Fla. 1st DCA 1978); But cf. Byrd v. State, 353 So.2d 1228 (Fla. 4th DCA 1978). HOBSON, Acting C. J., and OTT and RYDER, JJ., ...
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Williams v. State, 78-2282
...that portion which requires payment of court costs. It is error to require an indigent person to pay court costs. Byrd v. State, 353 So.2d 1228 (Fla. 4th DCA 1978); Cox v. State, 334 So.2d 568 (Fla.1976). The order is hereby modified to delete the requirement of payment of court AFFIRMED as......