SMITH v. STATE

No. WW-462.

401 So.2d 1176 (1981)

Roosevelt SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 11, 1981.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Gregory C. Smith, Asst. Atty. Gen., for appellee.


PER CURIAM.

Roosevelt Smith appeals a condition of his probation requiring him to pay court costs, contending that the trial court erred in setting an amount of $300 over his objection without any determination of the actual costs incurred. We interpret Section 27.56, Florida Statutes (1979), to require that costs imposed be shown to be the actual costs, rather than set at an arbitrary figure. Accordingly, this condition of Smith's probation is set aside pending remand...

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