Florida District Courts of Appeal, 1990

Anker v. State

Anker v. State
Florida District Courts of Appeal · Decided May 23, 1990 · Campbell, Parker, Scheb
561 So. 2d 467; 1990 Fla. App. LEXIS 3753; 1990 WL 68710 (Southern Reporter, Second Series)

Anker v. State

Opinion of the Court

PER CURIAM.

Appellant, Francis Harold Anker, was convicted of burglary of a structure and petit theft. He raises two points on appeal. We find merit only in the second issue.

The trial court found appellant unable to pay and orally directed that no costs be assessed against him. Yet, the written judgment assessed costs. This was clearly a mistake and the costs provision should be stricken.

We affirm appellant’s conviction, but direct that the costs provision be stricken.

CAMPBELL, C.J., and SCHEB and ' PARKER, JJ., concur.

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