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OVERMAN v. STATE

No. 86-1765.

508 So.2d 1343 (1987)

Ricky OVERMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 1987.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.

UPCHURCH, Chief Judge.

We affirm defendant's judgment for burglary and grand theft. However, we reverse that portion of the judgment which requires defendant to pay costs. Costs may not be assessed against an indigent defendant without a determination that he has the ability to pay. Jenkins v. State, 444 So.2d 947 (Fla. 1984); Hall v. State, 505 So.2d 671 (Fla. 5th DCA 1987);

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