Florida District Courts of Appeal, 1979

Wimberly v. State

Wimberly v. State
Florida District Courts of Appeal · Decided April 18, 1979 · Danahy, Hobson, Ott
370 So. 2d 60; 1979 Fla. App. LEXIS 14893 (Southern Reporter, Second Series)

Wimberly 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 orders assessing costs against appellant. Since the court had adjudged appellant to be insolvent, it was not authorized to assess costs against him. § 939.15, Fla.Stat. (1977); Cox v. State, 334 So.2d 568 (Fla. 1976).

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

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