OUTAR v. STATE

No. 86-1713.

508 So.2d 1311 (1987)

Anthony S. OUTAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 18, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Judge.

Outar appeals the trial court's imposition of $200.00 in costs pursuant to section 27.3455, Florida Statutes (1985), which conditioned the accrual of gain time upon full payment of such costs. We vacate that portion of the sentence imposing said costs and remand for further proceedings because the record shows the trial court made no determination that Outar was financially able to pay the $200.00 in costs assessed.1

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