Florida District Courts of Appeal, 1978

McCarter v. State

McCarter v. State
Florida District Courts of Appeal · Decided October 11, 1978 · Danahy, Hobson, Scheb
363 So. 2d 187; 1978 Fla. App. LEXIS 16449 (Southern Reporter, Second Series)

McCarter v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction, but we remand the case so that the trial court may set aside the order assessing costs against appellant. Since the court had adjudged appellant to be insolvent, it was not authorized to assess costs against him. Section 939.15, Florida Statutes (1977); Cox v. State, 334 So.2d 568 (Fla. 1976).

HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur.

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