Florida District Courts of Appeal, 1979

Nadjowski v. State

Florida District Courts of Appeal · Decided May 30, 1979 · Ahy, Dan, Grimes, Hobson

371 So. 2d 554; 1979 Fla. App. LEXIS 14812 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Stephenson v. State (Fla. Dist. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We remand so that the lower court may correct the written order revoking appellant’s probation to conform to the court’s oral pronouncement, by striking the finding of violation of conditions 2 and 3. See Sing Eng v. State, 350 So.2d 559 (Fla.2d DCA 1977).

On remand, the trial court should also 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. Cox v. State, 334 So.2d 568 (Fla. 1976); § 939.15, Fla.Stat. (1977).

We otherwise affirm the order of revocation, judgment, and sentence.

GRIMES, C. J., and HOBSON and DAN-AHY, JJ., concur.

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