Florida District Courts of Appeal, 1979

Defreest v. State

Defreest v. State
Florida District Courts of Appeal · Decided October 3, 1979 · Ahy, Dan, Ott, Scheb
375 So. 2d 605; 1979 Fla. App. LEXIS 15577 (Southern Reporter, Second Series)

Defreest v. State

Opinion of the Court

PER CURIAM.

William Louis Defreest, appellant/defendant, appeals from the revocation of his probation by the lower court. While we affirm the revocation of the appellant’s probation, we once again find it necessary to remand a case to the lower court with orders that the judgment be affirmed but that the imposition of costs against an insolvent defendant be stricken. Cox v. State, 334 So.2d 568 (Fla. 1976), is very explicit. The trial court cannot impose court costs against a defendant who has been declared insolvent.

Accordingly, we remand this case to the lower court with the instructions that the imposition of costs against appellant be stricken. We otherwise affirm.

SCHEB, Acting C. J., and OTT and DAN-AHY, JJ., concur.

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