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McDOWELL v. STATE

No. 85-1507.

491 So.2d 594 (1986)

Robert Lee McDOWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 17, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

UPCHURCH, Chief Judge.

Robert McDowell appeals from his conviction and sentence. We affirm the conviction, but reverse the sentence in part.

The first question presented is whether the trial court properly imposed court costs on an indigent defendant. McDowell contends that assessment of costs was improper because: l) costs cannot be assessed absent a finding the defendant has the ability to pay, Jenkins v. State, 444 So.2d 947

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