McELRATH v. STATE

No. 93-01551.

638 So.2d 155 (1994)

Richard McELRATH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 8, 1994.


Attorney(s) appearing for the Case

James Leray LeGrande of LeGrande & LeGrande, Fort Myers, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Christopher M. Sierra, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

Richard McElrath challenges the trial court's order imposing costs of prosecution under section 939.01(5), Florida Statutes (1993).

The record reflects that after the state presented witnesses that offered proof of the amount of the costs of prosecution, the trial judge heard the parties' arguments and entered the order without considering the defendant's financial resources. "[T]he state has the burden of proving the amount of these...

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