CRUM v. STATE

No. 2D04-1064.

916 So.2d 823 (2005)

Abel Bert CRUM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 8, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.


SCHEB, JOHN M., Senior Judge.

Abel Crum appeals from his judgment and sentence for possession of cocaine. He argues that the trial court improperly imposed a $150 cost for the court improvement fund under section 939.18, Florida Statutes (2003), as part of his sentence without considering his financial ability to pay. We agree.

"Section 939.18(1)(b) allows the trial court to impose this discretionary cost if it finds that the person has the ability to pay...

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